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HomeMy WebLinkAboutContract 41028 (2)(_48 TY SECRETARY, CC*fl HACT NO. 1 Off• PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is mado and ontered into by and between the CITY OF F RI WORTH (the "City"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and AVIATION MANAGEMENT CONSULTING GROUP, INC. ("Consultant") a Colorado corporation, acting by and through Paul A. Meyers, its duly authorized Principal in Charge. 1. SCOPE OF SERVICES. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Exhibit "A". 2. TERM. This Agreement shall commence upon the date that both the City and Consultant have executed this Agreement ("Effective Date") and shall continue in full force and effect until terminated in accordance with the provisions of this Agreement or when the City provides Consultant with written notice that Consultant has fulfilled its obligations under this Agreement and that Consultant's services are no longer required. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $77,500.00, in accordance with the Fee Schedule shown in Exhibit "B". Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. Payment for services rendered (and reimbursement for expenses incurred) shall be due within thirty (30) days of the uncontested performance of the scope of services and receipt by City of Consultant's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 4. TERMINATION. 4.1. Written Notice. The City or Consultant 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 the City in any fiscal period for any payments due 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 the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall be been appropriated. -J� I (a :�)'1 :3 . D i:WORTH, T 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered and expenses actually incurred as of the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. If the conflict of interest cannot be resolved the City understands that Consultant may not be able and would not be obligated to provide services to the City as it relates to future work that is or may be perceived as being in conflict. In such a case Consultant will identify and refrain from performing services that are or may be perceived as being in conflict. Should an irresolvable conflict arise, the Scope of Services and contract cost will be reduced accordingly Consultant, for itself and its officers, agents and employees further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. Confidential information shall not include information that: (1) was or becomes generally available to the public, (2) was within the Consultant's possession prior to it being furnished to the Consultant by the City, or (3) was or becomes available to the Consultant on a non -confidential basis from a source other than the City). 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books documents, papers and records of the consultant involving transactions relating to this Contract. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance written notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7 INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City If the City grants such consent, the assignee or subcontractor shall execute a written agreement with the City under which the assignee or subcontractor agrees to be bound by the duties and obligations of Consultant under this Agreement. 10. INSURANCE. Consultant shall provide the 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: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits if written on a split limits basis). Coverage shall be any vehicle used in the course of the Project, 3 Workers' Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease policy limit $100,000 disease each employee The insurance shall be maintained for the duration of the contract, and for three (3) years following completion of the services provided under the contract. A certificate of insurance shall be submitted annually to the City to evidence coverage. 11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns subcontractors or successors in interest Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other 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 The CITY: City of Fort Worth Aviation Department 4201 N. Main Street, Suite 200 Fort Worth, TX 76106 Facsimile 817-392-5413 14. SOLICITATION OF EMPLOYEES To CONSULTANT: Aviation Management Consulting Group, Inc. Paul A Meyers Principal in Charge 9085 E Mineral Circle Suite 315 Centennial, Colorado 80112-3499 Facsimile: 303-792-2751 Neither the City nor Consultant shall, during the term of this agreement and additionally 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. 4 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City% or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. CONSTRUCTION. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including but not limited to, compliance with any government law, ordinance or regulation acts of God acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have been afforded the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to 5 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of Ssz, , , 2010. CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager Date: AiT T: By: Marty Hendrix City Secretary /40/340,40 w APPROVED AS TO FORM AND LEGALITY: By: : 4f ►cam' Charlene Sanders Assistant City Attorney m&c• (t a-/4455 Date Approved: r/ AVIATION MANAGEMENT CONSULTING GROUP By: OJg Paul A. Meyers Principal in Charge Date: 7/36 �D ATTEST: By: ›tela,trit,2 Ellen Santilli Office Administrator dsititf100091:14kz'9� itzfai 4U 00g 0 2, $#\(%0 OFFICIAL. REctilita CITY� t^.� ..�1 yam• t'Sr'm-u; •-. ._ fit- tl i •' :'- a n �� * r h `-0 Ft WORTH, TX 6 Fort Worth Aviation Department — Minimum Standards and Leasing Policy Project A. Scope of Work 1. Develop Minimum Standards a. Aviation Management Consulting Group ('AMCG") will work closely with the City of Fort Worth's ("City's") Aviation Department (' Department ) to develop a single, combined Minimum Standards document for engaging in certain commercial (and non-commercial) aeronautical activities at the City's existing airports (i.e., Alliance, Meacham, and Spinks) and the proposed heliport (i.e., Downtown Heliport). AMCG understands that the proposed heliport is currently being considered by the City. As such, any work (relating to the proposed heliport) will not commence until the heliport is approved by the City. i. By definition, Minimum Standards are the "qualifications that may be established by an airport owner/operator as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the airport". ii. The purpose of Minimum Standards is "to provide a fair and reasonable opportunity, without unlawful discrimination, to all applicants or operators to qualify, or otherwise compete, to occupy available airport land and/or improvements and engage in authorized (general aviation) aeronautical activities at an airport". iii. An outline of the Minimum Standards document is attached (see Attachment 1). This o utline is representative of the Department's expectations regarding: (1) the structure and content of the Minimum Standards document, (2) the areas the document will address (in general), and (3) the types of commercial aeronautical activities (or o perators — FBOs and SASOs) and non-commercial aeronautical activities (or non- commercial entities) the document will address (in particular). The Department acknowledges that the activities occurring at the airports today are identified in the o utline. 1. The Minimum Standards (and related documents) will not be included in, integrated into, or adopted as part of the Fort Worth City Code ('City Code"). iv. As indicated in Attachment 1, a separate (standalone) General Provisions document will n ot be developed by AMCG. Instead, each of the provisions (identified in the attachment) will be incorporated into one of the other documents (also, identified in the attachment). b. In addition, AMCG will develop a Commercial Aeronautical Activities Application ("Application' ), a Commercial Aeronautical Activities Permit ('Permit"), and a Self -Fueling Application/Permit ("Application/Permit') that will be applicable to the City's existing airports and the heliport (if approved by the City). AMCG will ensure that its Minimum Standards recommendations are consistent with the Airport (Sponsor) Assurances, FAA Advisory Circular No. 150/5190-7 (Minimum Standards for Commercial Aeronautical Activities), FAA Advisory Circular No. 150/5190-6 (Exclusive Rights at Federally Obligated Airports), FAA Order 5190.6B (Airports Compliance Manual), and all other applicable airport compliance -related directives issued by the FAA. Aviation Management Consulting Group (09/30/10) 1 Fort Worth Aviation Department — Minimum Standards and Leasing Policy Project d. AMCG will ensure that its Minimum Standards recommendations are appropriate, reasonable, and relevant for each airport, each market, and the activities taking place or reasonably anticipated to take place at each airport. 2. Develop a General Aviation Leasing Policy a. AMCG will work closely with the Department to develop a single, combined General Aviation Leasing Policy ("Leasing Policy") that will: (1) set forth the parameters for leasing airport land and improvements (for general aviation purposes) and (2) outline the process for establishing and adjusting general aviation rents and fees at the City's existing airports and the heliport (if approved by the City). i. An outline of the Leasing Policy document that will be developed by AMCG is attached (see Attachment 1). This outline is representative of the Department's expectations regarding: (1) the structure and content of the document (in general) and (2) the areas that the policy will address (in particular). 1. The Leasing Policy (and related documents) will not be included in, integrated into, or adopted as part of the City Code. ii. While the following products and/or services can be provided by AMCG for any of the City's existing airports or the heliport (if approved by the City), as part of this project, AMCG will not: (1) conduct any type of rent and/or fee study (to ascertain rents and/or determine fees), (2) update the City's Schedule of Rates and Charges, (3) conduct any type of financial review or managerial audit of the City's Lease, Use, or Operating Agreements, (4) update or develop any type of Lease, Use, or Operating Agreement, (5) conduct any type of operational, managerial, or financial assessment or evaluation, or (6) prepare any type of strategic, business, and/or marketing plan (or related document). b. AMCG will ensure that its Leasing Policy recommendations are: (1) consistent with the Airport (Sponsor) Assurances, (2) consistent with all other applicable airport compliance -related directives issued by the FAA, and (3) appropriate, reasonable, and relevant for the airports, the markets, and the activities taking place or reasonably anticipated to take place at each airport. 3. Review Chapter 3. Airports and Aircraft of the City Code a. AMCG will: (1) review those portions of Chapter 3 of the City Code ("Chapter 3") that pertain specifically (are relevant) to the development of Minimum Standards and the Leasing Policy for the City's existing airports and the heliport (if approved by the City) and (2) identify those areas where change is merited/should be made to ensure that Chapter 3 is consistent with the Minimum Standards and the Leasing Policy documents. For those areas (specifically identified by the Department) where the Department believes that change is merited/needs to be made and for which the Department has not been able to formulate the change or revision, AMCG will work with the Department (in a collaborative fashion) to formulate the change or revision, consistent with the Minimum Standards and the Leasing Policy documents. i. AMCG understands that Chapter 3 is currently being revised by the City. As such, AMCG's review of Chapter 3 will not commence until the City's revision is complete. Aviation Management Consulting Group (09/30/10) 2 Fort Worth Aviation Department — Minimum Standards and Leasing Policy Project ii. AMCG will not be conducting a legal review of Chapter 3 nor will AMCG be rendering any legal opinions or recommendations relating to Chapter 3 or any other element or aspect of this project. B. Work Plan (approximately 52 weeks) 1. Initiation and Information Gathering (approximately 9 weeks) a. The Department will compile relevant and pertinent information, data, and documentation on each community, each market, and each airport including the operators (FBOs and SASOs) and non-commercial entities (flight departments and others) located at each airport. i. AMCG will provide an Information Request to the Department to help facilitate this process. b. AMCG will review and analyze the information, data, and documentation provided by the Department and conduct internal research. c. The Department will conduct an inventory and develop worksheets that will identify, but will not necessarily limited to (1) the land and improvements (by leasehold by component) currently being occupied at each airport and the products, services, and facilities currently being provided (and the vehicles, equipment, and personnel currently being deployed) by the FBOs and SASOs at each airport and (2) the land and improvements (by leasehold, by component) currently being occupied by non-commercial entities at each airport. i. Components shall include: land (improved and unimproved) and improvements (Le., apron, vehicle parking, terminal buildings, hangar, office, shop, storage, fuel storage facilities, etc.). ii. AMCG will provide a sample worksheet to the Department to help facilitate this process. d. The Department will provide the completed worksheets to AMCG. e. AMCG will conduct a field visit (first field visit). i. This will include: (1) a project "kick-off" (initialization) meeting with representatives of the City, the Department, and the Aviation Advisory Board, (2) a tour of the FBOs, SASOs, and non-commercial entities' leased premises (and the areas of each airport that could potentially be leased and/or developed in the future), and (3) meetings with select stakeholders (e.g., all of the FBOs in the airport system and a representative sampling of SASOs and non-commercial entities from the airport system, as determined by the Department working in collaboration with AMCG) to gain a better understanding of the Airport operating environment and the range, level and quality of products, services, and facilities currently being provided at each airport. 1. The number of select stakeholders is expected to range from 10 to 15 parties and will not exceed a total of 15 parties The Department will be responsible for scheduling the on -site meetings and tour(s) and will coordinate such scheduling with AMCG. Aviation Management Consulting Group (09/30/10) 3 Fort Worth Aviation Department — Minimum Standards and Leasing Policy Project f. AMCG will review and analyze additional information, data, and documentation provided/obtained and conduct additional research. g. AMCG will provide minimum standards recommendations to the Department for review. h. The Department will review the minimum standards recommendations. i. AMCG will conduct a "working session" (by telephone) with the Department and Aviation Advisory Board Task Group ("Task Group') to review the worksheets, minimum standards recommendations, and solicit comments, input, and direction. 2. First Draft — Departmental Review (approximately 15 weeks) a. AMCG will develop the first draft of the Leasing Policy, Minimum Standards, Commercial Aeronautical Activity Application, Commercial Aeronautical Activity Permit, and Self -Fueling Application/Permit (hereinafter collectively referred to as ' documents") based upon the comments, input, and direction provided by the Department during the working session. b. AMCG will provide the first draft of the documents to the Department for review. c. The Department will review the first draft of the documents (first Department review period). d. Upon conclusion of the first Department review period, the Department will prepare a compilation of comments/input submitted/received and respond to the comments/input (in accordance with section 7. Department Comment/Input Compilation and Response). e. The Department will provide the completed compilation of comments/input submitted/received to AMCG f. AMCG will conduct a "working session" (by telephone) with the Department and the Task Group to review the first draft of the documents and solicit input and direction. g. AMCG will revise the first draft of the documents based upon input and direction provided by the Department during the working session. 3. Second Draft — Departmental Review (approximately 8 weeks) a. AMCG will provide the second draft of the documents to the Department for review. b. The Department will review the second draft of the documents (second Department review period). c. Upon conclusion of the second Department review period, the Department will prepare a compilation of comments/input submitted/received and respond to the comments/input (in accordance with section 7. Department Comment/Input Compilation and Response). d. The Department will provide the completed compilation of comments/input submitted/received to AMCG e. AMCG will conduct a "working session" (by telephone) with the Department and the Task Group to review the second draft of the documents and solicit input and direction. f. AMCG will revise the second draft of the documents based upon input and direction provided by the Department during the working session. Aviation Management Consulting Group (09/30/10) 4 Fort Worth Aviation Department — Minimum Standards and Leasing Policy Project 4. Third Draft — Interdepartmental Review (approximately 7 weeks) a. AMCG will provide the third draft of the documents for review by other City departments (e.g., community relations, finance including risk management, law, etc.). i. The Department will initialize and manage the other City departments review process. b. The other City departments will review the third draft of the documents (other City departments review period). c. Upon conclusion of the City departments review period, the Department will prepare a compilation of comments/input submitted/received and respond to the comments/input (in accordance with section 7. Department Comment/Input Compilation and Response). d. The Department will provide the completed compilation of comments/input submitted/received to AMCG e. AMCG will conduct a "working session" (by telephone) with the Department and the Task Group to review comments and solicit input and direction. f. AMCG will revise the third draft of the documents based upon input and direction provided by the Department during the working session. 5. Fourth Draft — Public Review (approximately 11 weeks) a. AMCG will provide the fourth draft of the documents for review by airport operators (FBOs and SASOs), non-commercial lessees, and other stakeholders. i. The Department will initialize and manage the public review process. b. The public will review the fourth draft of the documents (public review period) c. AMCG will conduct a "public forum" (second field visit) to provide the opportunity for airport operators (FBOs and SASOs), non-commercial lessees, and other stakeholders to ask questions and provide comments/input. d. Upon conclusion of the public review period, the Department will prepare a compilation of comments/input submitted/received and respond to the comments/input (in accordance with section 7. Department Comment/Input Compilation and Response). e. The Department will provide the completed compilation of comments/input submitted/received to AMCG f. AMCG will conduct a "working session" (by telephone) with the Department and the Task Group to review comments and solicit input and direction. g. AMCG will revise the fourth draft of the documents based upon input and direction provided by the Department during the working session. 6. Fifth Draft — Final and Approval Process (approximately 2 weeks) a. AMCG will provide the fifth and final draft of the documents to the Department. b. The Department will present the final draft of the documents to the City's governing body for adoption. Aviation Management Consulting Group (09/30/10) 5 Fort Worth Aviation Department — Minimum Standards and Leasing Policy Project 7. Department Comment/Input Compilation and Response a. Upon conclusion of all of the review periods, the Department will prepare a compilation of all comments/input submitted by all sources and the Department will respond to the comments/input by indicating that: (1) change is not merited/will not be made by the Department, (2) change is merited/will be made by the Department (as formulated by the Department), and (3) change is merited/will be made by the Department (as formulated by the Department working in collaboration with AMCG). i. With regard to item 3 herein, AMCG will work with the Department to formulate changes in those specific areas identified (accordingly) by the Department. 1. If the magnitude or complexity of the work (time) required (to formulate a response) is excessive, AMCG's services will be provided on an hourly basis upon written approval from the Department. ii. It is the experience of AMCG that when a change is not merited/will not be made, it is helpful to provide an explanation and/or provide the rationale for same. b. The Department will be responsible for setting -up an on-line mechanism (e.g., a webpage linked to the City's website and/or the Department s webpage) to capture and compile comments/input in an electronic format. All other (non -electronic) comments/input will be put into the same electronic format by the Department to help facilitate the response process. 8. Work Products a. Throughout the course of this project, Consultant's work products shall be provided to the City in hardcopy or uneditable digital formats only. No editable digital versions of Consultant's work products will be provided to the City or any other party throughout the course of this project. b. Once the scope of services has been fully performed (completed) by the Consultant and the entire amount of compensation has been paid to the Consultant by the City, Consultant's work products shall be provided to the City in editable digital format. Aviation Management Consulting Group (09/30/10) 6 Project Cost Breakdown (By Key Work Plan Element) B. Work Plan 1. Initiation and Information Gathering 2. First Draft - Departmental Review 3. Second Draft - Departmental Review 4. Third Draft - Interdepartmental Review 5. Fourth Draft - Public Review 6. Fifth Draft - Final and Approval Process Total Estimated Percentage 24.00% 24.00% 16.50% 16.50% 16.50% 2.50% 100% Estimated Budget 18,600 18,600 12,788 12,788 12,788 1,938 77,500 Estimated Timeframe 12/3/10 3/18/11 5/13/11 7/1/11 9/16/11 9/30/11 Page 1 of 2 City of Fort Worth, Texas ayor and ouncil ommunication COUNCIL ACTION: Approved on 10/26/2010 - Ord. No. 19415-10-2010 DATE: Tuesday, October 26, 2010 LOG NAME: 55CFW PROFESSIONAL SERVICES WITH AMCG SUBJECT: Authorize the Execution of a Professional Services Agreement with Aviation Management Consulting Group, Inc , in the Amount of $77,500.00 Plus Up to $5,000.00 in Reimbursable Expenses to Develop a Leasing Policy and Update Minimum Standards for the City of Fort Worth Aviation Department and Adopt Supplemental Appropriation Ordinance Decreasing the Unreserved, Undesignated Cash Balance (COUNCIL DISTRICTS 2 and 8) RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: **C 24559 1. Authorize the City Manager to adopt the attached supplemental appropriation ordinance increasing appropriations in the Municipal Airports Fund in the amount of $82,500.00 and decreasing the unreserved, undesignated cash balance by the same amount to develop a Leasing Policy and update Minimum Standards; and 2. Authorize the City Manager to execute a Professional Services Agreement with Aviation Management Consulting Group, Inc., (AMCG) in the amount of $77,500.00 plus up to $5,000.00 in reimbursable expenses to develop a Leasing Policy and update Minimum Standards for the City of Fort Worth Aviation Department. DISCUSSION: In November 2009 Jacobs Consultancy completed an assessment of the management and operations of the Aviation Department. One of the results of this assessment identified the need for the establishment of a consistent policy in how the airport properties should be leased. Additionally, it was recommended that the airport's minimum standards be updated. The airport's minimum standards have not been amended since 1992, the year they were adopted. A Request for Statement of Qualifications (RFQ) was issued in May 2010. Five consulting firms provided submittals for development of a leasing policy and updating the minimum standards. These firms were Airport Corporation of America, AMCG Jacobs Consultancy, R.A. Weidemann/CHA, and Wilbur Smith Associates. The City staff ranked the submittals, interviewed the top two firms, Aviation Management Consulting Group and R.A. Weidemann/CHA and selected AMCG as the best qualified firm. In July 2010, the Aviation Advisory Board approved the selection of AMCG for this work. The property is located in COUNCIL DISTRICTS 2 and 8. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval, the unreserved, undesignated cash balance of the Municipal Airports Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: http://apps.cfwnet org/ecouncil/printmc.asp?id=14215&print=true&DocType=Print 10/26/2010 Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers 1) PE40 531200 0551000 $82,500.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact: Fernando Costa (6122) Kent Penney (5403) Jonnie Huitt (5409) ATTACHMENTS 1. 55CFW PROFESSIONAL SERVICES ACMG REV AO.doc (Public) 2. PE40 FUND BALANCE.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14215&print=true&DocType=Print 10/26/2010 Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE MUNICIPAL AIRPORTS FUND IN THE AMOUNT OF $82,500 00, AND DECREASING THE UNRESERVED, UNDESIGNATED CASH BALANCE BY THE SAME AMOUNT, TO DEVELOP A LEASING POLICY AND UPDATE MINIMUM STANDARDS FOR THE AVIATION DEPARTMENT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: S ECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2010-2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Municipal Airports Fund in the amount of $82,500.00 and decreasing the unreserved undesignated cash balance by the same amount to develop a leasing policy and update minimum standards in the Aviation Department. S ECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. S ECTION 3. That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. S ECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: