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HomeMy WebLinkAboutContract 60558City Secretary Contract No. FORT WORTH. VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and PUBLIC INFORMATION ASSOCIATES, LLC ("Vendor"), an Allen, Texas based consulting firm, each individually referred to as a "party" and collectively referred to as the `parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; and 4. Exhibit C — Verification of Signature Authority Form. Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. The vendor will provide professional services to deliver a robust multi- phase, citywide community outreach process that will reach, involve, engage, and inspire diverse audiences in data -driven Comprehensive Plan -making and community decision -making. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire on November 10, 2024 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. Renewal of the agreement will not alter the maximum funding authorized for the agreement. 3. Compensation. City shall pay Vendor an amount not to exceed Three hundred and fifty - thousand dollars ($350,000.00) in accordance with the provisions of this Agreement and Exhibit "B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. Vendor 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 Vendor shall provide an invoice to the City no later than the 1 Oth day of a month following a preceding month's work cycle. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all invoices of Vendor within thirty (30) days of receipt of such invoice. The �. y from time to time request ! nccinai AFCDRD Vendor Services Agreement T : Pae..l of 23 CIYY SECRETARY _. FT. WORTH, TX City Secretary Contract No. the provision of additional services or the extra provision of existing services. This request, if accepted by the Vendor, will be governed by the terms of this Agreement unless otherwise agreed. All additional Services will be at a new rate agreed upon between the Vendor and the City. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and ObliF-ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subj ect to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor Services Agreement Page 2 of 23 City Secretary Contract No. Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this 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 Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subVendor. Liability and Indemnification. 8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right Vendor Services Agreement Page 3 of 23 City Secretary Contract No. arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assignment and Subcontractinu. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coveraze and Limits Vendor Services Agreement Page 4 of 23 City Secretary Contract No. (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is 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 (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Vendor Services Agreement Page 5 of 23 City Secretary Contract No. 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 shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: David Cooke 200 Texas Street Fort Worth, TX 76102-6314 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Public Information Associates, LLC Attn: Leigh Hornsby, Managing Principal 550 South Watters Road, Ste. 287 Allen, TX 75013 leigh@piacommunications.com Vendor Services Agreement Page 6 of 23 City Secretary Contract No. 14. Solicitation of Emnlovees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the 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 Maieure. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each Vendor Services Agreement Page 7 of 23 City Secretary Contract No. counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 26. Immigration Nationalitv Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownershio of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. Signature Authoritv. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Comnanv Name or Ownershin. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the Vendor Services Agreement Page 8 of 23 City Secretary Contract No. specified documentation so may adversely impact future invoice payments. 30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 31. Prohibition on Boycotting Energy Companies. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. (signature page follows) Vendor Services Agreement Page 9 of 23 City Secretary Contract No. ACCEPTED AND AGREED: City: Vendor: By: By: M Leiah Hornsty (Nov 16, 2023 0934 CST) Name: Dav' oke Name: Leigh Hornsby Title: City anager Title: Managing Principal Date: 111,-,q 12,02� Date: Nov 16, 2023 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Eric Fladager (Nov 16,29311:46 CST) Name: Eric Fladager Title: Asst Planning & Data Analytics Director Approved as to Form and Legality By: Nico AriasIN�t�23 19:36 CST) Name: Nico Arias Title: Assistant City Attorney Contract Authorization: M& C: 23-0575 1295: 2023-1032115 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: Title: Korrie Bectifi Korrie Becht (Nov 16, 20"'"-"' Korrie Becht Planning Mane City Secretary: By �' 0-i-f Name: Jannette Goodall _1 Title: City Secretary OFFICIAL RECORD { CITY SECRETARY p FT. WORTH, TX Vendor Services Agreement Page 10 of 23 EXHIBIT A SCOPE OF SERVICES General 1. City staff from the Planning & Data Analytics Department and Communication & Public Engagement Department (hereafter referred to as "Staff') will work closely with the Consultant Team (hereafter referred to as "Consultant") to assist with the various community engagement efforts, but the Consultant will take the lead. The Consultant will be the primary facilitators of the robust citywide community engagement process and associated data analysis. 2. In addition to this scope of work focused on managing the engagement effort, an allotment of hours/fee should be earmarked for as -needed planning expertise throughout the Comprehensive Plan update process. Staff will prepare the 2050 Comprehensive Plan informed by the results of the robust citywide community engagement effort, with the Plan preparation anticipated to take approximately one year and partially overlap the community engagement effort. 3. The community engagement process is expected to be completed in 12-18 months through five phases, which may overlap: • Phase 1: Preparation • Phase 2: Big Ideas & Vision • Phase 3: Goals, Objectives, & Policy Framework • Phase 4: Implementing Strategies & Action Plans • Phase 5: Principal Plan Component Development & Review Phase 1: Preparation The Consultant should place appropriate emphasis on the preparation phase to create a strong foundation for the complex planning process. During this phase, the Consultant will work with Staff to collaboratively design the engagement process. 1.1 Conduct Orientation Workshop with City Staff. The Consultant and Staff will conduct an orientation workshop, which may be virtual. Prior to the orientation workshop, the Consultant will review the adopted Comprehensive Plan and other applicable materials. Staff will share contextual and background information that is important to the Consultant's work, and the Consultant will discuss how they anticipate approaching the work. The meeting will produce a refined approach to the engagement of the community. 1.2 Develop Community Advisory Committee & Technical Advisory Committee. Staff will create two advisory committees: a Community Advisory Committee (CAC) and a Technical Advisory Committee JAC). The CAC will consist of representatives from the community at large, including many from typically underrepresented communities, such as neighborhood leaders, community advocates and activists, and business associations. The Consultant may suggest additional stakeholders from their network to be included in this committee. Members of the CAC may be called upon to assist Consultant and Staff to effectively engage the communities they represent on land use concepts, issues education, and input on the Comprehensive Plan vision, content and policies. The TAC will be made up of City staff representatives, cooperating agencies representatives, and representatives from relevant local industry and advocacy groups (Real Estate Council, Chambers of Commerce, Economic Development Partnership, etc.). 1.3 Develop a Communications & Outreach Plan. Vendor Services Agreement — Exhibit A Page 11 of 23 City Secretary Contract No. Working closely with Staff, the Consultant will develop a Communications and Outreach Plan that clearly defines comprehensive strategies to invite diverse participants to engagement opportunities. The plan should detail a range of in -person and online engagement tools and make recommendations about when and how they should be implemented. The communications effort will include both general awareness - raising as well as specific promotional activities associated with all rounds of community engagement. Prior to all community engagement meetings, the publicity and outreach channels will be activated with messages relevant to the upcoming events. 1.4 Create Educational Materials & Outreach Toolkit. The Consultant will work with Staff and community contacts to develop a package of accessible educational materials. These are intended to be used to educate the general public, as well as the CAC and TAC, on the current process and framework for making land use, transportation, parks, environmental justice, public safety, and associated infrastructure and facilities decisions. The Consultant will also develop an Outreach Toolkit, consisting of `meeting -in -a -box' style materials that can be deployed by Consultant, Staff, or community volunteers in pop-up workshops or other targeted outreach, as needed. 1.5 Create Project Branding. Staff will develop a project name, branding graphic to be used in combination with Fort Worth Molly logo, color scheme, and tagline for the engagement effort that will help to excite the community, as well as key messages that will consistently brand the community engagement and planning work. As part of the Communications and Outreach Plan (Task 1.3), the Consultant will develop a campaign for communications that capitalizes on existing outlets for sharing information and builds upon the use of these outlets with a suite of branded collateral (posters, postcards, flyers, and worksheets), press releases, and other tools for getting the word out. The Consultant will review and provide feedback on branding materials created by Staff. All collateral will be delivered in both English and Spanish languages. 1.6 Create a Project Website & Social Media Presence. Staff will design an interactive project website that will be user-friendly and engaging to become the heart of the 2050 Comprehensive Plan communications. The site will present materials from stakeholder and community engagement, interim information, and drafts of planning documents. It will include project background, resources, news, and information about how to get involved. The website will have a Spanish page option with all necessary information about the process. The website will also have the capability to implement interactive tools for engagement. The Consultant will make recommendations to Staff about which web -based platforms and tools should be used. Online activities will take place throughout plan development and in coordination with all rounds of community engagement. Efforts will be made to use the existing City website for the online community engagement presence. If the existing City website is not used, efforts will be made to incorporate the new site as an extension of the current Comprehensive Plan webpages on the City's website. Staff will utilize existing City accounts for promotion and engagement. The Consultant will review and provide recommendations to Staff about website and social media content and timing of updates. The website will be synchronized with social media. 1.7 Interviews with Mayor, City Council & appointed Commissioners. Throughout the process, the Consultant and Staff will meet with the Mayor, Councilmembers, and appointed commissioners to keep them actively involved and informed. During this phase it is anticipated that the Consultant will work with Staff to provide an orientation work session with the Mayor, each City Councilmember, and appointed commissioners (11 meetings total) to review overall scope, their specific role, and share and gather feedback on approach to engagement. This will allow these officials to be informed and engaged with the process at an early stage and share insights about how best to connect with their constituents. City staff to handle logistics and scheduling of interviews based on Consultant and interviewee availability. Vendor Services Agreement — Exhibit A Page 12 of 23 City Secretary Contract No. Phase 1: Deliverables • Meeting agendas, educational materials, handouts, and presentations • Communication and Outreach Plan • Educational materials and outreach toolkit • Project identity (tag line, key messages) • Project website and social media accounts (Staff led, Consultant assist) Phase 2: Big Ideas & Vision Phase 2 will focus on educating the community on planning, creating awareness of the Comprehensive Plan effort, and conducting community listening sessions as well as public input data analysis that will culminate in a list of key community concerns, issues, and opportunities. This phase will also focus on current conditions, future trends that will affect the community, and generating a discussion about the community's aspirations and ideas for the future of the City. It will create community -wide excitement for participating in the planning process through a high -profile event and follow-up activities. Ideas shared during this phase will result in the generation of a clear and actionable vision statement and set of community values/guiding principles that can guide goal and policy development. 2.1 Deploy Web -Based Engagement Tools. While face-to-face communication will be the heart of the engagement process, web -based tools will be used to broaden our reach and to inspire creative thinking about topics that emerge as important to the community. In association with all rounds of community engagement, robust and impactful web -based tools and social media will be integrated into the project website, based on Consultant recommendations (see Task 1.6). Web -based engagement will overlap and correspond with activities at the in -person meetings. The consultant will periodically review responses and recommend updates to web -based engagement tools as needed. 2.2 Facilitate Big Ideas & Vision Workshops with Technical Advisory Committee (TAC) & Community Advisory Committee (CAC) (same day) - 2 Meetings Staff will schedule workshops with the TAC and CAC. The purpose of these sessions will be for Consultants and Staff to provide a brief orientation about the project (schedule, roles, responsibilities, and expectations, and discuss outreach strategies). This meeting will also include a facilitated discussion on the big ideas and vision for the project to gather input and ideas from community members to develop a shared vision for the future of the community. City staff to handle logistics and invitations. 2.3 Conduct Listening & Learning Sessions. A series of workshops, branded as "Listening and Learning Sessions," will take place in several locations throughout the City and provide an overall orientation for the public to the planning process. The goals of the Listening and Learning Sessions are to lay the foundation for the community engagement and comprehensive planning process —to start the conversation and to inspire the community to think big about what they want and what Fort Worth can become. The workshops will be broadly promoted in accordance with the Communication and Outreach Plan (Task 1.3). The events may include a brief assembly period during which there would be an overview of the process and schedule, followed by small group activities designed to be interactive, inspiring, and fun. Online engagement activities mimicking those in the Listening and Learning Sessions will also be deployed. Following every public workshop throughout the process, participants will be asked to complete an exit questionnaire related to demographics, home/business location, and other information useful for assessing impact and evolving future engagement. Using this data and analytics and the observed experiences of community members, the Consultant will reassess the structure of future outreach and community engagement to be responsive Vendor Services Agreement — Exhibit A Page 13 of 23 City Secretary Contract No. to the documented behavioral preferences of community groups involved and make any necessary changes to the Communication and Outreach Plan and upcoming event formats or locations. Members of the CAC or other volunteers may be utilized to help fill gaps in participation based upon the exit questionnaire data in the form of Staff -supported meeting -in -a -box or other follow-up activities from the Outreach Toolkit. 2.4 Conduct Interviews & Facilitate Focus Group Meetings. The Consultant will coordinate with Staff to conduct a series of stakeholder interviews and/or focus group meetings to identify key topic areas for discussion at the upcoming community -wide event, the "Vision Summit". The list of stakeholders will be developed by Staff. City staff to handle logistics and scheduling of interviews based on Consultant and interviewee availability. 2.5 Host the Vision Summit. This community -wide workshop, branded the "Vision Summit," will build on the Listening and Learning Sessions. (NOTE: To gain greater interest and an exciting first impression, a relevant, notable speaker could be included in the program.) The workshop will be broadly promoted and scheduled on one evening in one location. City staff to handle logistics, including location, posting of invitations, distribution of invitations and announcements. The Vision Summit will center on activities that will focus on describing what Fort Worth should be like in the future. The conversation will focus on building reasonable consensus and affirming a vision statement and set of values/guiding principles based on what was heard in the Listening and Learning Sessions (Task 2.3). Online engagement activities will also be deployed that mimic the Vision Summit activities. Exit surveys should be included in the Vision Summit to help capture information about participants, their email address if they want to be kept informed, what was most useful, and any final ideas for Fort Worth's future. 2.6 Conduct "Pop up" Workshops. The strategy for the "pop up" workshops is to take messages and information directly to people throughout the city —especially the hard -to -reach members of the community and traditionally under - served audiences —and to engage them in describing their vision and goals for Fort Worth's future. After reviewing the exit questionnaires from the Vision Summit (Task 2.3), Staff will lead and host "pop-up" workshops throughout the community to reach those who were not well represented at the Summit, such as at places where residents live — apartment complexes, large festivals, etc. Activities will be conducted in places and at events where people are already planning to be to maximize interest and participation rates. The activities will be designed by the Consultant. It is expected that the Consultant would lead up to 3 pop-up workshops in strategic locations with harder -to -reach communities. Staff will assist in making arrangements for pop -ups locations. Staff and/or volunteers may lead additional pop -ups using activities and materials provided by the Consultant. 2.7 Create a Community Values & Vision Report. Using the input provided from the community engagement activities, Consultant will prepare a report that synthesizes the input and highlights community values, concerns, issues, opportunities, and vision of Fort Worth's future. This report should establish an overall Vision Statement, as well as the themes emerging from the community engagement that are expected to form the basis of the Strategic Priorities. The report will be reviewed and commented on by Staff. 2.8 Meet with City Council & City Plan Commission. Following Staff review, the Consultant will meet with City Council and City Plan Commission to present the Community Values and Vision Report and to solicit Commission feedback. City staff to handle logistics. Vendor Services Agreement — Exhibit A Page 14 of 23 City Secretary Contract No. Phase 2: Deliverables • Meeting agendas, materials, handouts, presentations, and notes • Web -based engagement tools • Community Values and Vision Report Phase 3: Goals, Objectives, and Policy Framework Phase 3 will include working with the community to translate their big ideas and vision into a broad set of strategic priorities, goals, and measurable objectives likely related to land use, place types, housing, infrastructure, transportation, economic development, parks and open space, environmental quality, public safety, and more. 3.1 Prepare for Community Choices Meetings. The Consultant, in collaboration with Staff, will use public feedback provided in the Community Values and Vision Report (Task 2.6) to develop a broad set of strategic priorities, goals, and measurable objectives. These strategic priorities, goals, and objectives will be used to develop the formal strategy for the Community Choices Meetings —community meetings that frame choices on "where" and "how" the City should grow or evolve, and the desired character of these areas and evolutions. This should include development of a preliminary Place Types Palette detailing their characteristics, including purpose, primary land uses, secondary land uses, built form and character, mobility needs, and parks and amenities, as well as recommended adjacencies and transitions between different Place Types, and housing and employment densities. 3.2 Conduct Choices Workshops with TAC & CAC (same day) - 2 Meetings The Consultant will lead discussions with the TAC and CAC to elicit goals, measurable objectives, and policies alternatives and talk with these groups (primarily face-to-face) about goals, objectives, and explore trade-offs as they work through topical areas that represent community priorities in the City of Fort Worth. City staff to handle logistics and invitations. 3.3 Facilitate Community Choices Meetings. During these face-to-face community charrette workshops, participants will be invited to interact with what was learned through previous rounds of engagement and to prioritize and comment on draft strategic priorities, goals, and objectives of the plan. The format(s) will be determined in discussion with Staff, but may involve a brief assembly period and presentation followed by participant ranking of draft recommendations on display boards (replicated as hand-outs). Participants would be provided with worksheets, online polling, and/or other comment tools for rating, prioritizing, and commenting on strategic priorities, goals, and objectives. Online engagement activities will also be deployed that mimic the in -person Community Choices activities. As in previous phases, committee members and volunteers may also be utilized to help fill gaps in participation based upon the exit questionnaire data. City staff to handle logistics, including location, posting of invitations, distribution of invitations and announcements. 3.4 Lead Discussions with City Departments The Consultant will lead discussions with City departments to elicit goals, measurable objectives, and policies alternatives. Staff will schedule the discussions with individual or multiple departments, potentially during FWLab Steering Committee meetings or similar venues. The Consultant may choose to attend this meeting virtually. City staff to handle logistics and invitations. Vendor Services Agreement — Exhibit A Page 15 of 23 City Secretary Contract No. 3.5 Create Community Choices Recommendations Report. Following the Community Choices meetings and discussions with City departments (Task 3.2 and Task 3.3), a report describing the recommendations will be prepared based on the feedback provided and Consultant expertise. The recommendations will be for strategic priorities and long- and short-term goals, objectives, and policy alternatives and scenarios developed in collaboration with Staff. This would include revisions to the Preliminary Place Types Palette based on community feedback received. Staff will review and comment on the report. 3.6 Meet with City Council & City Plan Commission. Following Staff review, the Consultant will meet with City Council and City Plan Commission to present the Community Choices Recommendations and to solicit Commission feedback. City staff to handle logistics. Phase 3: Deliverables Meeting agendas, materials, handouts, presentations, and notes Preliminary Place Types Palette (spreadsheet/matrix of characteristics, PowerPoint slide deck with graphic examples) Community Choices Recommendations Report Phase 4: Implementing Strategies and Action Plans The Consultant and Staff will work with City Staff and Committees to develop and review specific policies, strategies, Place Types Palette, and actions intended to implement the vision, strategic priorities, goals, objectives, and policy framework; weigh various pros and cons; evaluate trade-offs, and more. 4.1 Prepare for Implementation Workshops The Consultant, in collaboration with Staff, will use public feedback provided in the Community Choices Recommendations Report (Task 3.5) to develop specific policies, strategies, recommended Place Types, and actions intended to implement the vision, strategic priorities, goals, and objectives identified in Phase 2 and Phase 3. 4.2 Facilitate Plan Implementation Meeting with TAC (Virtual) The Consultant in collaboration with Staff will lead a discussion with the TAC to review and comment on preliminary identification, evaluation, prioritization, of recommended implementation strategies and action items. The meeting format will be determined in discussion with Staff but may involve a brief assembly period and presentation followed by participant ranking of draft recommendations on display boards (replicated as hand-outs). Participants would be provided with worksheets, online polling, or other comment tools for rating, prioritizing, and commenting. Online engagement activities will also be deployed that mimic in -person workshop activities. City staff to handle logistics and invitations. 4.3 Lead Discussions with City Departments The Consultant will lead discussions with City departments to develop the implementation action plan components. Staff will schedule discussions with individual or multiple departments present, potentially during FWLab Steering Committee meetings or similar venues. The Consultant may choose to attend this meeting virtually. City staff to handle logistics and invitations. 4.4 Create Plan Implementation Recommendations Report Following the Plan Implementation workshops and discussions with TAC and City departments (Task 4.2 and Task 4.3), the Consultant will prepare the Plan Implementation Recommendation Report that provides specific policies, strategies, Place Types Palette, and actions intended to implement the vision, Vendor Services Agreement— Exhibit A Page 16 of 23 City Secretary Contract No. strategic priorities, goals, objectives, and policy framework. Staff will prepare an associated matrix as well as review and comment on the report. 4.5 Meet with City Council & City Plan Commission. Following Staff review, the Consultant will meet with City Council and City Plan Commission to present the Plan Implementation Recommendations Report and to solicit Commission feedback. City staff to handle logistics. City staff to handle logistics. Phase 4: Deliverables • Meeting agendas, materials, handouts, presentations, and notes • Plan Implementation Recommendations Report Phase 5: Principal Plan Components Development & Review Phase 5 will be used to reignite enthusiasm for the Comprehensive Plan process and to prepare the draft Principal Plan Components. 5.1 Prepare Draft Principal Plan Components Recommendation Report. Based on the input from Phase 2, Phase 3, and Phase 4, the Consultant will produce the draft Principal Plan Components, including but not limited to the prioritized vision, strategic priorities, community values, goals, measurable objectives, implementing strategies and policies, recommended Place Types Palette, and the draft Plan outline. Staff will review and comment on the report. 5.2 Conduct the Final Open House(s). The Final Open House(s) will be held once the Draft Principal Plan Components have been prepared. The Open House(s) will begin with an evening event at one or more locations, but be designed so that it can also be used as a traveling exhibit (road show). A presentation by the Consultant will summarize the Draft Principal Plan Components, but most of the time will be reserved to allow the public to view and comment on a series of displays summarizing the Draft Principal Plan Components. The Consultant and Staff will be present to answer questions on a one-on-one basis. A questionnaire will be distributed to participants asking key questions about the Draft Principal Plan Components, as well as implementation measures. The Open House displays will then travel to different locations in the City, such as libraries, community centers, or other public places. In addition, they will be posted online. Community preferences regarding recommendations and comments should be solicited and easily submittable in all cases. The project displays will be designed to be mobile device friendly, so they can easily be viewed on smartphones and tablets. City staff to handle logistics, including location, posting of invitations, distribution of invitations and announcements. 5.3 Publicize the Public Review Period. Staff will publicize the Draft Principal Plan Components and solicit public comments for 30 days prior to the first presentation given to the City Plan Commission for final recommendation for City Council adoption. 5.4 Create a Summary Report of Public Review Comments on the Draft Principal Plan Components. Following the Final Open House(s) and public review period (Task 5.2 and Task 5.3), the Consultant will prepare a summary report of the public review draft comments, which may include a compilation of public comments provided throughout the community engagement process. Staff will review and comment on the report. Vendor Services Agreement — Exhibit A Page 17 of 23 City Secretary Contract No. 5.5 Prepare the Final Principal Plan Components Recommendation Report. After Staff reviews the Public Review Comments Summary Report (Task 5.4), the Consultant will produce the final recommendations report detailing the prioritized vision, strategic priorities, community values, goals, measurable objectives, implementing strategies and policies, recommended Place Types Palette with corresponding example locations, action plan, and the draft Plan outline based on input from all phases. Staff will review and comment on the report. 5.6 Present to City Plan Commission & City Council — Work Sessions & Public Hearings. The Consultant and Staff will present the final Principal Plan Component Recommendation Report (Task 5.5) to the City Plan Commission and City Council for review and adoption. The adopted Principal Plan Components will provide the basis and inform Staff for drafting the remaining sections of the 2050 Comprehensive Plan. City staff to handle logistics and invitations. Phase 5: Deliverables • Meeting agendas, materials, handouts, presentations, and notes (possibly, original community comment materials organized by scope phase, meeting/source, and topic) • Draft Principal Plan Components Recommendation Report • Summary Report of Public Review Comments on the Draft Principal Plan Components • Final Principal Plan Components Recommendation Report Vendor Services Agreement — Exhibit A Page 18 of 23 EXHIBIT B PRICE SCHEDULE Timeline Action Estimated Timing RFP Out fpr: Bid ._...._...._._........... ..._._ ............__.._ ) March 2023 _.._..__._.._ _ _........ City Staff Selection Process April 2023 Contract Awarded I May 2023 Phase 1: Preparation Phase 2: Big Ideas & Vision 12 to 18 months Some Consultant Phase 3: Goals, Objectives, & Policy Framework phase concurrency is Phase 4: Implementing Strategies & Action Plans anticipated. Phase 5: Principal Plan Component Development & Review Draft 2050 Comprehensive Plan Spring 2024 - Mid 2025 Adoption Spring - Mid 2025 CPC Work Session Spring 2025 City Staff - - -- j CPC Public Hearing - Spring 2025 City Council Work Session - Informal Report i Mid 2025 City Council Public Hearing - -- ------ _ ._ Mid 2025 ..__....-------- Budget The expected budget to perform robust citywide community engagement and associated deliverables is $350,000.00 including all travel and reimbursable expenses. 1.1 Conduct Orientation Workshop with City Staff 1.2 Develop Community Advisory Committee and Technical Advisory Committee 1.3 Develop a Communications and Outreach Plan 1.4 Create Educational Materials & Outreach Toolkit (For various audiences, including training materials for CAC and TAC) - Does not include hours for Planning Game 1.5 Create Project Branding 1.6 Create a Project Website and Social Media Presence 1.7 Interviews with Mayor, City Council & appointed Commissioners (11 meetings, possibly virtual, City staff to schedule) Subtotal 2.1 Deploy Web -Based Engagement Tools (Staff deploys & Consultant helps determine/initialize tools) Total Professional Fees MM $ 6,410 $o $9,605 $14,920 $0 $o $7,270 $42, 605 $3,0010 Vendor Services Agreement — Exhibit B Page 19 of 23 City Secretary Contract No. 2.2 Facilitate Big Ideas & Vision Workshops with Technical Advisory Committee & Community Advisory Committee (same day) - 2 Meetings (City staff to handle logistics, including $4,400 location, posting of invitations, distribution of invitations and announcements) 2.3 Conduct Listening and Learning Sessions (8 meetings, City staff to handle logistics, including location, posting of invitations, distribution of invitations and $21,600 announcements) 2.4 Conduct Interviews (8) and Facilitate Focus Group Meetings (6) (City staff to handle logistics, including location, posting of invitations, distribution of invitations and $20,640 announcements for FGs) 2.5 Host the Vision Summit (centrally located) City staff to handle logistics, including $10, 610 location, posting of invitations, distribution of invitations and announcements) 2.6 Coordinate and conduct �� or , o"Pop up Workshops (3 Consultant-ledthers coordinated and $7,500 led by City Staff) 2.7 Create a Community Values and Vision Report (Vision Statement & Strategic Priorities $9,190 Topics) 2.8 Meet with City Council and City Plan Commission Work Sessions (Virtual) - 2 Sessions $7,905 (Includes Preparation & Coordination) (City staff to handle logistics) Subtotal $84,845 3.1 Prepare for Community Choices Meetings (including desired place types character) $6,990 3.2 Conduct Choices Workshops with Technical Advisory Committee & Community Advisory Committee (same day) - 2 Meetings (City staff to handle logistics, including location, $3,340 posting of invitations, distribution of invitations and announcements) 3.3 Facilitate Community Choices Meetings (including desired place types character) - 9 Meetings (City staff to handle logistics, including location, posting of invitations, $17,750 distribution of invitations and announcements) 3.4 Lead 3 Discussions with City Departments (Staff to schedule, potentially FWLab Steering $5,880 Committee) 3.5 Create Community Choices Recommendations Report ( 1 round of reviews by FWLab) $10,830 3.6 Meet with City Council and City Plan Commission Work Sessions (Virtual) - 2 Sessions $7,310 (Includes Preparation & Coordination) (City staff to handle logistics) Subtotal $52,100 4.1 Prepare for Implementation Workshops $5,480 4.2 Lead Discussions with City Departments (Staff to schedule, potentially FWLab Steering Committee) - 2 Sessions (City staff to handle logistics, including location, posting of $6,625 invitations, distribution of invitations and announcements) 4.3 Facilitate Plan Implementation Meeting with Technical Advisory Committee (Virtual) (City $2,950 staff to handle logistics) 4.4 Create Plan Implementation Recommendations Report (includes a summary of workshops with committees; implementation strategies and actions, Staff will provide $10,865 the Matrix) Vendor Services Agreement — Exhibit A Page 20 of 23 City Secretary Contract No. 4.5 1 Meet with City Council and City Plan Commission Work Sessions (Virtual) - 2 Sessions $5,120 (Includes Preparation & Coordination), (City staff to handle logistics) Subtotal $31,040 5.1 Prepare Draft Principal Plan Components Recommendation Report $11,890 5.2 Conduct the Final Open House (1 Consultant led, others by Staff) (City staff to handle logistics, including location, posting of invitations, distribution of invitations and $10,290 announcements) 5.3 Publicize the Public Review Period $0 5.4 Create a Summary Report of Public Review Comments on the Draft Principal Plan Components $6,990 5.5 Prepare the Final Principal Plan Components Recommendation Report $8,000 5.6 Present to City Plan Commission and City Council Work Sessions & Public Hearings $13,165 (Virtual) - 4 Sessions (Includes Preparation & Coordination) (City staff to handle logistics) Subtotal $50,335 1.0 Assessment and Identification of Existing and Planned Places $5,430 2.0 Development of Preliminary Place Types Palette $6,260 3.0 Revision and Augmentation of Place Types Palette based on Community Input I $7,340 4.0 3D Modeling and Annotation of Place Types I $23,260 Subtotal $42,290 0.1 Project Management and Admin I $12,150 0.2 Coordination Meetings I $24,430 0.3 Virtual meeting preparation I $1,100 $37,680 4% 1 Markup (Direct Costs) $13,505 TOTALPROJECT C• $350,000 Cost does not include the following: 1 Items highlighted in Green that the City will now be responsible for 2 Spanish and other foreign language Translation at meetings (including American Sign Language) and Translation of major documents/reports into Spanish - Cost does not cover rental of translation headsets 3 The comprehensive list of online engagement tools 4 MIG Labor associated with the cost of creating a formalized game similar to Charlotte example (approximately $18,000 + production costs) 5 Additional Meetings beyond what is stated in the in the revised scope edited by FWLab 6 Additional focus groups in one planning district or neighborhood 7 Notices or media buys 8 Audio/Visual Equipment rental (if necessary) Vendor Services Agreement — Exhibit A Page 21 of 23 City Secretary Contract No. 9 Refreshments at community meetings 10 Additional costs associated with Place Types Development beyond the hours listed here. 11 Online tool software training Vendor Services Agreement — Exhibit A Page 22 of 23 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: Signature: Email: Ronald.Gonzales@fortworthtexas.gov Signature: Email: allison.tidwell@fortworthtexas.gov Vendor Services Agreement — Exhibit C Page 23 of 23 10/26/23, 1:49 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas Foe�rN REFERENCE **M&C 23- 13P RPF 23-0059 COMMUNITY DATE: 6/27/2023 NO.: 0575 LOG NAME: ENGAGEMENT CONSULTING SERVICES PDA MC CODE: P TYPE: CONSENT PUBLIC NO NO SUBJECT: (ALL) Authorize Execution of an Agreement with Public Information Associates, LLC for Community Engagement Consulting Services for the 2050 Fort Worth Comprehensive Plan in an Amount Up to $300,000.00 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that City Council: 1. Authorize execution of an agreement with Public Information Associates, LLC for Community Engagement Consulting Services for the 2050 Fort Worth Comprehensive Plan in an amount up to $300,000.00; 2. Authorize the City Manager or his designee to amend and extend the Agreement for up to four one-year terms, if necessary, to complete the 2050 Fort Worth Comprehensive Plan; and 3. Adopt the attached appropriation ordinance reallocating appropriations in the Non - Departmental Department of the General Fund by decreasing the General Operating and Maintenance Category in the amount of $300,000.00 and increasing the Planning & Data Analytics Department/Fort Worth Lab in the General Operating and Maintenance category by the same amount. DISCUSSION: With the ultimate goal of making Fort Worth the most livable and best -managed City in the country, the City of Fort Worth (City) is preparing to engage the Fort Worth community to come to a consensus on the vision of Fort Worth's future, identify key goals and objectives, and document a suite of strategies, policies, and action items intended to bring the community's desired future about. This effort will provide a community -supported draft of Principle Plan Components that will be used by City staff to prepare the 2050 Fort Worth Comprehensive Plan. Supporting this effort and recognizing the complexity of the project, the Planning & Data Analytics Department/Fort Worth (FW) Lab approached the Purchasing Division to finalize an agreement for consulting services. In order to procure these services, staff issued Request for Proposal (RFP) No. 23-0059 seeking to engage a highly qualified firm to develop and implement a robust citywide community engagement plan that captures and documents the values, vision and goals of the community, along with corresponding objectives and strategies intended to bring about the desired future of Fort Worth. RFP 23-0059 was advertised in the Fort Worth Star -Telegram on April 19, 2023, April 26, 2023, May 3, 2023, and May 10, 2023. The City received three (3) qualified responses. The responses were evaluated through a multi -stage review process. In addition to a general review of the responses for overall alignment with the RFP, an evaluation panel consisting of representatives of Planning & Data Analytics/FW Lab, Communication & Public Engagement and Diversity & Inclusion departments evaluated and scored the submittals using Best Value criteria in accordance with the criteria below. a. Responsive to Objectives b. Qualifications c. Community Engagement d. Outcomes from Previous Plans apps.cfwnet.org/council_packet/mc_review.asp?ID=31202&councildate=6/27/2023 1/3 10/26/23, 1:49 PM e. Cost of Service M&C Review After the initial evaluation meetings, the top two firms were interviewed on June 5, 2023. The scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Public Information Associates, LLC Freese and Nichols, Inc Evaluation Criteria a b c d e Total Score Rank 12.30 19.50 26.40 19.50 4.99 11.70 21.00 20.40 18.50 4.99 76.59 2 After interviews, the evaluation panel concluded that Public Information Associates, LLC presented the best value to the City. Therefore, staff recommends that Council authorize an agreement with Public Information Associates, LLC. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor's bid met specifications. FUNDING: The maximum amount allowed under this agreement will be $300,000.00. Funding will be budgeted in other contractual services account of the Planning & Data Analytics Department within the General Fund. BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year after. RENEWAL TERMS: This agreement may be renewed for four (4) additional, one-year terms, if necessary, to complete the 2050 Fort Worth Comprehensive Plan at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. Renewal of the agreement will not alter the maximum funding authorized for the agreement. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that upon approval of the recommendations and adoption of the attached appropriation ordinance, funds are available in the current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure being incurred, the Planning & Data Analytics Department has the responsibility to validate the availability of funds. BQN\\ TO Fund I Department I Account I Project I Program I Activity ID ID j FROM Fund Department Account Project ID I I ID Submitted for Citv Manaaer's Office bw Oriainatina Denartment Head: Program I Activity Budget Reference # Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Dana Burghdoff (8018) Reginald Zeno (8517) Eric Fladager (8011) apps.cfWnet.org/council_packet/mc review.asp?ID=31202&councildate=6/27/2023 213 10126123, 1:49 PM MSC Review Additional Information Contact: Jo Ann Gunn (8525) Maria Canoura (2526) ATTACHMENTS 13P RFP 23-0059 Communitv Enaaaement Consultina Services.xlsx (CFW Internal) 13P RPF 23-0059 Communitv Enaaaement Consultina Services PDA funds availabilitv.docx (Public) 373 Waiver -Community Enaaaement revised3.22.23 GV.pdf (CFW Internal) Form 1295 - PIA Certificate 101060773.r)df (CFW Internal) FW003-FID TABLE PDA 0035040-Revised 06-08-2023.xlsx (CFW Internal) ORD.APP RFP 23-0059 COMPREHENSIVE PLAN COMMUNITY ENGAGEMENTi1729721.docx (Public) SAMs Report - Public Information Associates - Not Found.r)df (CFW Internal) apps.cfwnet.org/council_packet/mc review.asp?ID=31202&councildate=6/27/2023 3/3