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HomeMy WebLinkAboutContract 59642CSC No. 59642 EXECUTIVE FELLOWS AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND FUSE CORPS THIS EXECUTIVE FELLOWS AGREEMENT ("Agreement") is made and entered into by and between FUSE Corps, a California nonprofit corporation ("FUSE") and the City of Fort Worth, a home -rule municipal corporation of the State of Texas ("C"), each referred to herein as a "Party" and collectively as the "Parties." RECITALS WHEREAS, FUSE is a nonprofit organization that operates an executive fellowship program dedicated to partnering with local governments and communities to more effectively address pressing challenges; and WHEREAS, FUSE recruits, hires as employees, and places highly experienced professionals in governmental entities (the "Executive Fellows" and each, an "Executive Fellow") who are enrolled in the FUSE Executive Fellowship Program (the "Promm"); and WHEREAS, in connection with the Program, the City, through its various Departments, may at its discretion accept the appointment of one or more FUSE Executive Fellows, in each case for the purpose of providing additional capacity in order to advance the goals of a specifically defined Executive Fellowship Project (the "Project"). NOW, THEREFORE, in consideration of the premises and mutual terms, covenants and conditions contained herein, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Term and Effective Date. The Term of this Agreement shall commence upon execution of this Agreement and expire on October 31, 2025, unless earlier terminated by the parties in accordance with the terms of this Agreement (the "Term"). 2. Placement and Services. Upon completion and execution of this Agreement between FUSE and the City, the City will cooperate with the Executive Fellow recruited, selected, retained, and placed by FUSE in accordance with the terms and conditions of the Individual Placement Agreement attached hereto as Attachment 1 ("Individual Placement Agreement"). 3. Compensation. City shall pay FUSE an amount not to exceed Eighty Thousand Dollars and 00/100 ($80,000.00) in accordance with the provisions of this Agreement. The compensation constitutes a flat -fee payment in exchange for the mutually -agreed value of the services to be provided by FUSE and is not associated with any form of a "time and materials" or "billable hours and direct costs" arrangement. The compensation is inclusive of all services described herein. No additional fees beyond the compensation will be billed to the City. The City will process invoices and remit payment directly to FUSE within 30-days of receiving an invoice and in accordance with the schedule below: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 (a) First Pavment. $40,000.00 will be due payable on November 1, 2023. (b) Second Pavment. $40,000.00 will be due payable on May 1, 2024. 4. Executive Fellow Salarv. FUSE shall hire each Executive Fellow as an employee of FUSE and solely provide for compensation and benefits for each Executive Fellow. The City shall not be required or permitted to pay any supplemental compensation or provide any other form of compensation or benefits to the Executive Fellow or FUSE at any time. 5. Fellowship and Supervisory Support. The Executive Fellow will be available to the City during the term of the appointment period with respect to the services described in the Individual Placement Agreement. The City shall provide the Executive Fellow with any relevant background information and materials and introductions to key stakeholders as determined necessary by the City. 6. Workspace. The City agrees to provide each Executive Fellow with a dedicated workspace, telephone services or similar means of communication, a computer, internet access, security clearance as appropriate and necessary to access the designated workplace and computing systems, office supplies, and any other physical or information resources related to the performance of services described in the Individual Placement Agreement. In a virtual or hybrid work setting, the City, will provide the Executive Fellow with the appropriate technology and access permissions required to carry out the project. 7. Project Extension. City and FUSE may mutually agree in writing to continue the Project beyond the Term. 8. Early Termination. The City and FUSE may each terminate this Agreement for any reason at any time by giving thirty (30) days written notice to the other parry. All finished and unfinished documents and materials procured for or produced by an Executive Fellow pursuant to an Individual Placement Agreement, including all intellectual property rights thereto, shall become City property upon the date of such termination. (a) If the effective date of termination occurs after the City signs an Individual Placement Agreement and on or before an Executive Fellow's first day of work in the City, the City may seek reimbursement of all payments made pursuant to the Individual Placement Agreement, and the City shall be released from all further payments in connection with such project. (b) If the effective date of a termination occurs after an Executive Fellow's first day of work at the City and prior to the end of the Term, then reimbursement, after any non- refundable fees, may be sought by the City at a pro -rated amount for each month that the Executive Fellow did not complete of their appointment. (c) 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 FUSE 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. Page 2 9. Cooperation by the Citv. The City shall assist and cooperate in good faith with FUSE and all Executive Fellows in the performance of services in accordance with this Agreement and each Individual Placement Agreement. 10. No Employment Relationship; No Partnership. The Executive Fellow will be an employee retained by FUSE and will not be deemed to be an employee, independent contractor, consultant, agent, loaned executive or loaned employee of the City. The Executive Fellow will have no authority to supervise, control or direct the work of any City employee and will not perform the functions of a City employee. The Executive Fellow is expected to provide expertise not otherwise required of or possessed by City employees. The Executive Fellow will not occupy any supervisory or confidential position, or one designed to affect the City's public policy. During the term of the Project, the Executive Fellow shall not engage in any work, paid or unpaid, that creates an actual or potential conflict of interest with the City. At all times relevant to this Agreement, the parties, and any affiliates thereof, shall remain contractors independent of one another, and neither party (including representatives and sponsors of that party or the Executive Fellows) shall be deemed an employee, joint venture, or partner of the other. Neither party has the authority to bind the other, and no employee, agent, sponsor, nor other representative of either party shall at any time be deemed to be under the joint control or authority of the other party, or under the joint control of both parties. Neither party shall have the right to control the other party; however, FUSE and the City mutually agree as to the objectives set forth in this Agreement and Attachment 1. Each Party shall be solely responsible for the payment of its own federal, state, and local income taxes, as well as any Social Security ("FICA") and unemployment ("FUTA") taxes that each party may owe. The City is not responsible for, and FUSE and the Executive Fellow shall not be entitled to, and shall not seek any benefits made available to the City's employees, including, but not limited to: group health insurance (including dental, vision, and any other enhancements from time to time), disability insurance, group term life insurance, workers' compensation, participation in any retirement plan for the City's employees, a salary reduction plan for certain child care and medical care costs, or training programs. 11. Indemnity. FUSE SHALL INDEMNIFY, PROTECT AND HOLD HARMLESS THE CITY AND ITS OFFICIALS, EMPLOYEES AND AGENTS (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGE, LOSS, OBLIGATIONS, CAUSES OF ACTION, PROCEEDINGS, AWARDS, FINES, JUDGMENTS, PENALTIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OR ALLEGED TO HAVE ARISEN, IN WHOLE OR IN PART, OUT OF OR IN CONNECTION WITH (1) FUSE'S OR EXECUTIVE FELLOWS' PERFORMANCE OF WORK OR SERVICES UNDER THIS AGREEMENT, OR (2) NEGLIGENT OR WILLFUL ACTS, ERRORS, OMISSIONS OR MISREPRESENTATIONS COMMITTED BY EXECUTIVE FELLOWS OR FUSE, ITS OFFICERS, EMPLOYEES OR AGENTS IN THE PERFORMANCE OF WORK OR SERVICES UNDER THIS AGREEMENT (COLLECTIVELY "CLAIMS" OR INDIVIDUALLY "CLAIM"). IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT A CLAIM WAS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF INDEMNIFIED PARTIES, FUSE CORPS' COSTS OF DEFENSE AND INDEMNITY SHALL BE (1) REIMBURSED IN FULL IF THE COURT DETERMINES SOLE NEGLIGENCE BY THE INDEMNIFIED PARTIES, OR (2) REDUCED BY THE PERCENTAGE OF WILLFUL MISCONDUCT ATTRIBUTED BY Page 3 THE COURT TO THE INDEMNIFIED PARTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 12. Rh!ht to Audit. FUSE agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, 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 FUSE involving transactions relating to this Agreement at no additional cost to City. FUSE agrees that City shall have access during normal working hours to all necessary FUSE 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 FUSE reasonable advance notice of intended audits. 13. Conflict of Interest Ouestionnaire. If required, FUSE and each Executive Fellow shall complete, file and update a Conflict of Interest Questionnaire in compliance with Chapter 176 of the Texas Local Government Code. FUSE and each Executive Fellow acknowledge that the law requires the City to provide access to this questionnaire on the official Fort Worth website. 14. Miscellaneous. a. This Agreement is binding upon and shall inure to the benefit of the Parties and their respective permitted successors and assigns. The Parties shall not assign their rights and shall not delegate their duties under this Agreement without the prior written consent of the other Party. b. All notices to either Parry to the Agreement must be in writing and must be delivered by hand, facsimile, United States registered or certified mail, return receipt requested, United States Express Mail, Federal Express, UPS or any other national overnight express delivery service. The notice must be addressed to the Party to whom it is given at its address below. The Party giving the notice must pay all postage and. Either Party may change its address for notices and communications to it by written notice to the other Party in conformity with this subsection. C. The representative of the City for notice is: Brandi Kelp Senior Planner, Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 Email: Brandi.Kelp@fortworthtexas.gov Page 4 d. The representative of FUSE for notices is: James Weinberg Chief Executive Officer One Embarcadero Center, Unit 26070 San Francisco, CA 94126 Email: james@fusecorps.org e. Failure of either Party to insist on strict compliance with any provision of this Agreement shall not be deemed a waiver of that provision. Waiver by either party of any breach or anticipated breach of any provision of this Agreement by the other party shall not be deemed a waiver of any other contemporaneous, preceding or succeeding breach or anticipated breach, whether or not similar, on the part of the same or the other party. An approval by any City employee of any part of FUSE's performance does not waive compliance with this Agreement or establish a standard of performance other than that required by this Agreement and by law. f. This Agreement supersedes all prior discussions and agreements between the parties with respect to the subject matter of this Agreement, and this Agreement contains the sole and entire agreement between the parties with respect to the matters covered in it. This Agreement shall not be altered or amended except by an instrument in writing signed by both parties. g. This Agreement shall not be interpreted to include anything that is effective as a waiver of sovereign immunity or of any affirmative defenses available to City. h. The headings as to contents of particular sections or paragraphs of this Agreement are inserted for convenience of reference only and shall not be interpreted as a part of this Agreement. i. This Agreement shall be interpreted in accordance with the applicable laws of the State of Texas and the United States of America. Venue for any disputes relating in any way to this Agreement shall lie exclusively in Fort Worth, Texas. j. If a competent authority holds any part, term or provision of this Agreement void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of the Agreement shall not be affected by that holding. k. Under this Agreement, FUSE is acting as an independent contractor and not as an agent or employee of the City. FUSE shall not represent or otherwise hold out itself or any of its Executive Fellows, directors, officers, partners, employees, or agents to be an agent or employee of City. 1. FUSE represents and warrants that, to its knowledge, FUSE's performance of its obligations under this Agreement does not infringe upon any third party's intellectual Page 5 property rights, including, without limitation, patents, copyrights, trademarks, trade secrets, rights of publicity and proprietary information. in. No Bovcott of Israel. If FUSE has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. FUSE acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, FUSE certifies that FUSE's signature provides written verification to the City that FUSE: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. n. Prohibition on Bovcottin2 Ener2v Companies. FUSE acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, FUSE certifies that FUSE's signature provides written verification to the City that FUSE: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. o. Prohibition on Discrimination Against Firearm and Ammunition Industries. FUSE acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, FUSE certifies that FUSE's signature provides written verification to the City that FUSE: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Page 6 15. Reports and Information. FUSE shall furnish the City with such statements, records, reports, data, and information as City may reasonably request pertaining to matters covered by the Agreement. 16. Americans With Disabilities Act. FUSE and City certify that each will comply with the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., and its implementing regulations. FUSE and City will provide reasonable accommodations to allow qualified persons with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. FUSE and City shall not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by FUSE, relating to this Agreement, to the extent allowed, shall include a provision similar to this section. 17. Insurance. FUSE must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement: 17.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit 17.2 General Requirements (a) The commercial general liability and policy must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. Page 7 (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City 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 will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that FUSE has obtained all required insurance will be delivered to the City prior to FUSE proceeding with any work pursuant to this Agreement. [SIGNATURE PAGE FOLLOWS] Page 8 ACCEPTED AND AGREED: CITY OF FORT WORTH By: William Johnson(J20,202311:53 CDT) Name: William Johnson Title: Assistant City Manager Date: Jun 20, 2023 APPROVAL RECOMMENDED: By: Lauren Prieur (Jun 15, 202314:06 CDT) Name: Lauren Prieur Title: TPW Director boonvpp�� ap0� F°Rt�i °a ATTEST: Sao pdd Ro I � a�a* o 0 o*�d � s �zasb4b By: Name: Jannette S. Goodall Title: City Secretary FUSE CORPS: By: ,wQe? -- Name: James Weinberg _ Title: CEO Date: June 7, 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Brandi Kelp Title: Senior Planner APPROVED AS TO FORM AND LEGALITY: By: Name: Matthew A. Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Not required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 9 Attachment 1 FUSE CORPS INDIVIDUAL PLACEMENT AGREEMENT Host Agency: Fort Worth Transportation and Public Works Department Fellow Reports to: Brandi Kelp, Senior Planner Location of Fellowship: City of Fort Worth, Texas 1. General Terms and Conditions. The Fort Worth Transportation and Public Works Department and FUSE Corps ("FUSE') acknowledge that the terms and conditions of the Individual Placement Agreement between the City of Fort Worth and FUSE apply to all parties as it relates to the performance of this Individual Placement Agreement. 2. Services to be Provided — Part A — Services Before the Fellowship. The following presents a representative summary of the services that FUSE will provide prior to the start of the Executive Fellows' Period of Work: (a) Project Development: Convene meetings with Host Agency officials to identify project priorities. Clarify project idea through in-depth interviews with host agency officials and any relevant community -based stakeholders recommended by the agency who will be integral to the project's success. Compose a draft scope of work ("Project Description") for review by the Host Agency. Conduct rounds of edits as needed to finalize approval of the Project Description. (b) Recruitment: Conduct a local and national candidate search, cultivating applicants from various job boards, associations, and networks. Respond to inquiries from interested applicants seeking additional information. Manage an online application portal and a candidate management system. (c) Screening: Review applications to determine the most appropriate next steps for each candidate. Conduct an initial phone interview with candidates deemed to be most promising for the role. Conduct an additional follow-up video -interview with candidates deemed strong enough to reach the semi-finalist round. (d) Selection: FUSE staff will select up to three finalists for each project from the candidate pool based on their assessment of the individuals whose skills and experience are most closely aligned with the role's requirements. Collect electronic references on those individuals from current and former employers, clients, or colleagues. Help coordinate logistics for finalist interviews with Host Agency officials and any other designated local stakeholders. (e) On -Boarding: Hire the selected individual as an employee of FUSE Corps who will be dedicated to the specified project. Communicate with both the Executive Fellow and the Host Agency officials in the weeks leading up to the start of the program year to help prepare all parties for a successful fellowship. Attachment 1 - Page 1 (f) Orientation: Organize and facilitate a national orientation for all new Executive Fellows beginning at the same time of year within a designated fellowship cohort. Design and execute a robust array of training designed to prepare the Executive Fellow for their year of service, introducing them to the program's various tools and techniques, building peer -to - peer connections to help create an interactive community of practice among all Executive Fellows and alumni. FUSE will cover all costs and expenses for Executive Fellow to participate in orientation week. 3. Period of Work. It is anticipated that the Executive Fellow's first day of work at the Host Agency will be October 30, 2023, and that that the Executive Fellow's final day of work at the Host Agency will be October 25, 2024 4. Services to be Provided — Part B — Services DurinL3 the Fellowship. The following presents a representative summary of the services that FUSE will provide during the Executive Fellows' Period of Work: (a) Coaching: Provide the Executive Fellow with the option of an executive coach who will be available to work one-on-one with the Executive Fellow throughout the year. (b) On -Going Sunnort: Organize and facilitate seminar calls hosted by staff, alumni, industry experts, and others to provide ongoing development and skill building opportunities. Host an online communication platform to allow Executive Fellows to regularly ask questions of peers and FUSE staff as they pursue project goals. (c) Proiect Refinement: Schedule a call with the Executive Fellow, Host Agency officials, and FUSE staff within the first three months of the project to assess the extent to which any changes may be necessary to the Project Description and its designated goals. Conduct an additional call around the midpoint of the project to assess progress achieved to date and revisit plans for maximizing impact during the remaining six -months of the project. (d) Mid -Year Gathering: Organize and facilitate a national mid -year gathering for all Executive Fellows within a given cohort. This training is designed to review progress achieved and lessons learned to date, clarify plans for increasing impact during the second half of the fellowship year, build plans for sustaining the impact of the project following the conclusion of the fellowship, and continue to foster interactive community of practice among all current Executive Fellows and alumni. FUSE will cover all costs and expenses for the Executive Fellow to participate in the mid -year gathering. (e) Status Checks: Check -in with Executive Fellows and Host Agency officials periodically throughout the term of the fellowship to ensure that the fellowship is on track to achieve its stated goals; conduct a formal survey of Executive Fellows and Host Agency officials at both the mid -year point and at the end of the fellowship year to determine progress achieved and lessons learned to date. (f) Emplovment Management: Provide for payroll and benefit administration and all other responsibilities associated with the Executive's Fellow's status as a full-time employee of FUSE. Attachment 1 - Page 2 5. Services to be Provided — Part C — Fellowship Proiect Details. The following presents a representative summary of the proposed project and deliverables that the Executive Fellows will pursue during the Period of Work. (a) Proiect Context: Fort Worth, Texas is built at the convergence of the two branches of the Trinity River, the West Fork and The Clear Fork. The West Fork flows southeast from Lake Bridgeport through Eagle Mountain Lake and Lake Worth, and into the City of Fort Worth. The Clear Fork begins north of Weatherford and flows southeast through Lake Weatherford and Benbrook Lake, then turning northeast to join the West Fork near downtown Fort Worth. There are 31 watersheds in Fort Worth comprising numerous streams and creeks that feed local reservoirs, some of which provide drinking water to residents of the City of Fort Worth and neighboring municipalities. These areas also provide benefits to the community such as stormwater infiltration, vital habitats, water quality services, and recreational opportunities. Riparian areas along these streams and creeks still feature bur oak, pecan, American elm, cedar elm, chittamwood (gum bumelia), green ash and cottonwood as the dominant species. Fort Worth is the thirteenth largest city in the US and is growing rapidly. The population vrew by 24% between 2010 and 2020, and the Dallas -Fort Worth metroplex is expected to double in size to 15M people by 2050. The city is losing 50 acres of open space to development every week. As more homes and infrastructure are built, the increase in impervious surfaces can raise flood risks in some areas. In recent years, the City has focused on communicating about the importance of preserving riparian corridors through a number of methods, including updating future land use maps to show the floodplain as undeveloped. At the same time, the City does not have regulations that prevent development in the floodplain or require the preservation of any part of the riparian corridor. Fort Worth aims to promote thoughtful, data -driven regulations and policies that addresses current community needs and future development demands. In 2019, the City formed an interdepartmental group to develop strategies to address rapidly disappearing natural areas across the City. This group formed the Open Space Conservation Program whose mission is to conserve high -quality natural areas as the city grows to provide environmental benefits and recreational opportunities that support economic development and enhance the livability and desirability of Fort Worth. In 2022, City Council adopted the Fort Worth Open Space Strateav Report which identifies high priorities for open space conservation, including riparian habitat. Riparian preservation also achieves strategies identified in the Transportation and Public Works Department's Stormwater Management Division Stormwater Master Plan, the Park and Recreation Department Parks, Recreation and Open Space Master Plan, and the currently underway Development Services Department Urban Forest Master Plan. The City of Fort Worth will partner with FUSE Corps to analyze and craft riparian corridor preservation recommendations to take to City Council. The FUSE Executive Fellow will conduct research and benchmarking on riparian corridor preservation regulations and policies in comparable cities and develop a set of regulatory and/or policy recommendations for the City Council to consider for adoption. As a result of this work, the City of Fort Worth will be able to Attachment 1 - Page 3 promote responsible long-term growth through sustainable riparian corridor regulations and/or policies. (b) Proiect Summary & Potential Deliverables: The following provides a general overview of the proposed fellowship project. This project summary and the potential deliverables will be collaboratively revisited by the host agency, the fellow, and FUSE staff during the first few months of the fellowship. Starting in October 2023, the FUSE Executive Fellow conduct research and benchmarking on riparian area regulations and policies. For this study, they will examine what Fort Worth's current riparian area related regulations and policies are as well as regulations and policies Fort Worth's peer cities have put in place, as well as what "best in class" cities are doing to promote riparian area preservation. The Executive Fellow will review the City's Subdivision Ordinance and make recommendations for updates. In addition, the Executive Fellow will work with the Stormwater Division to understand the ongoing erosion potential study and feedback from stakeholders that may influence decision making. At the same time, the Executive Fellow will conduct an extensive desk review to identify best practices and innovative approaches to protecting riparian areas in communities similar to Fort Worth. Next, the Executive Fellow will meet with a range of critical stakeholders to understand their perspectives. This will include local government officials (e.g., Stormwater Division, Parks and Recreation, Development Services), City Council members, advisory boards and commissions (e.g., the Development Advisory Committee, Plan Commission, Zoning Commission), the development community, local environmental advocates, and members of the public to understand the strengths, needs, opportunities, and aspirations these partners have for riparian corridor protection. Finally, the Executive Fellow will synthesize the findings from the research, benchmarking analysis, and stakeholder engagement meetings into a draft ordinance amendment. They will support City staff in securing a recommendation for adoption of the amendment by the City Plan Commission and adoption by the City Council. By October 2024, the Executive Fellow will have overseen the following: • Research & Benchmarking Analysis — Analyze the regulations and policies and best practices currently being implemented by a selection of comparable cities, as well as the cities that are the "gold standard" of riparian corridor preservation. Identify Fort Worth's strengths, weaknesses, and gaps. • Stakeholder Engagement — Facilitate meetings with members of Fort Worth government, advisory boards and commissions, the development community, local environmental organizations, and members of the public on riparian preservation regulations and policies. • Policy Synthesis — Synthesize the findings from the research, benchmarking analysis, and stakeholder engagement. Develop a draft ordinance amendment and facilitate securing the recommendation for adoption of the amendment by the City Plan Commission and adoption by the City Council Attachment 1 - Page 4 (c) Kev Stakeholders: • Executive Sponsor —Jennifer Dyke, Assistant Director; Transportation & Public Works Department • Project Supervisor — Brandi Kelp, Senior Planner; Transportation & Public Works Department (d) Qualifications: In addition to the qualifications listed below, a background in property development and sustainability and a certification in environmental or floodplain management is strongly preferred for this project. • Synthesizes complex information into clear and concise recommendations and action - oriented implementation plans. • Develops and effectively implements both strategic and operational project management plans. • Generates innovative, data -driven, and result -oriented solutions to difficult challenges. • Responds quickly to changing ideas, responsibilities, expectations, trends, strategies and other processes. • Communicates effectively both verbally and in writing, and excels in both active listening and conversing. • Fosters collaboration across multiple constituencies in order to support more effective decision making. • Establishes and maintains strong relationships with a diverse array of stakeholders, both inside and outside of government, and particularly including community -based relationships. • Embraces differing viewpoints and implements strategies to find common ground. • Demonstrates confidence and professional diplomacy, while effectively interacting with individuals at all levels of various organizations. 6. Host Agencv Management. The City will designate two specific employees of the City to play the following roles: (a) Executive Sponsor: An Executive Sponsor is generally a senior official of the City's leadership team. This individual should be a visible champion for the project within the Host Agency and should help ensure that the project achieves its full potential for impact. The Executive Sponsor is the ultimate decision -maker with regard to the project and will have final approval over the project's key deliverables. The designated Executive Sponsor for this project will be: Jennifer Dyke, Assistant Director, Transportation and Public Works Department, Stormwater Management. (b) Project Supervisor: The Project Supervisor is the day-to-day driver of the project and will work directly with the Executive Fellow to ensure that regular progress toward goals is being achieved. This individual will introduce the Executive Fellow to key stakeholders as appropriate, help resolve any misalignments between stakeholders that may arise, help develop strategies to overcome any obstacles to progress. The designated Project Supervisor for this project will be: Brandi Kelp, Senior Planner, Transportation and Public Works Department. Attachment 1 - Page 5 7. Workspace. The Host Agency agrees to provide the Executive Fellow with a dedicated workspace, telephone services or similar means of communication, a computer, internet access, security clearance as appropriate and necessary to access the designated workplace and computing systems, office supplies, and any other physical or information resources related to performance of services provided for in the Individual Placement Agreement. In a virtual or hybrid work setting, Host Agency, will provide the Executive Fellow with the appropriate technology (e.g., a computer with required capabilities and access permissions) required to carry out the project. 8. Expenses. The City will provide no stipend to the Executive Fellow in addition to the salary provided by FUSE. During an Executive Fellow's appointment, the City, at its sole discretion, may authorize and pay for all reasonable project -related expenses incurred by such Executive Fellow in connection with the performance of services pursuant to the Individual Placement Agreement for such Executive Fellow including, without limitation, business expenses, travel expenses, and office supplies, all in accordance with the City's applicable policies and procedures. The City will have no financial obligation for expenses related to duties required by FUSE, such as travel by the Executive Fellow to FUSE trainings or events Attachment 1 - Page 6 FORTWORTH Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: FUSE Corps Service Contract M&C: CPN CSO DOC# Remarks: This Contract is for FUSE Corps to recruit, hire, and place a highly experienced professional in the City of Fort Worth for one year to lead a project on riparian corridor protection. The fellow will perform research & benchmarking analysis, stakeholder engagement, develop a draft ordinance amendment, and facilitate securing the recommendation for adoption of the amendment by the City Plan Commission and adoption by the City Council. INITIALS DATE OUT 1. Brandi Kelp, TPWk Jun 15, 2023 2. Jennifer Dyke, TPW 9 Jun 15, 2023 3. Lauren Prieur, TPW LLP Jun 15, 2023 4. Matt Murray, Legal Jun 15, 2023 5. Dana Burghdoff, CMO o�Y1 Jun 16, 2023 6. William Johnson, CMO �— Jun 20, 2023 7. Ron Gonzales, CS Offices Jun 20, 2023 8. Jannette Goodall, CS Office J- Jun 20, 2023 9. Allison Tidwell, CS Office .L- Jun 23, 2023 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Liz Camargo at ext.8759 for pick up when completed. Thank you.