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HomeMy WebLinkAboutContract 63343. 63343 City 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 MOORE IACOFANO GOLTSMAN, INC. ("Vendor" or "MIG"), a California corporation, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, on April 8, 2025, the Fort Worth City Council authorized the execution of a consulting services agreement with Moore Iacofano Goltsman, Inc. in an amount up to $759,598.00 for completion of the 2050 Fort Worth Comprehensive Plan (M&C 25-0282); and WHEREAS, adjustments to the final Scope of Work bring the total contract amount to an even $760,000.00; and WHEREAS, the City Manager, as permitted, has authorized this increase in the total contract amount of $402.00, bringing the contract total to an even $760,000.00; NOW, THEREFORE, the parties, for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: 1.Scope of Services. Vendor will provide professional planning services to complete the City of Fort Worth 2050 Comprehensive Plan ("Services"), as set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2.Term. This Agreement begins on the date it is executed by the City below ("Effective Date") and expires two years from that date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to two (2) one-year renewal option(s) (each a "Renewal Term"). Renewal shall 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 will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "A," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Seven Hundred Sixty Thousand Dollars and Zero Cents ($760,000.00). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. Vendor shall provide an invoice to the City no later than the 10th day of a month following a preceding month's work cycle. City agrees to pay all invoices of Vendor within thirty (30) days of receipt of such invoice. The City may from time to time request the provision of additional services or the extra provision of existing services. The request, if accepted by Vendor Services Agreement-MIG, Inc. Page 1 ofll City Secretary Contract No. Vendor, will be governed by the terms of this Agreement unless otherwise agreed. 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 at least 30 days' written notice of termination. 4.2 Non-a�propriation of Funds. In the event no funds or insufficient funds are appropriated by the Fort Worth City Council in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will 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 Obli�ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will 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 will 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 will return all City provided Information or data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Coniidential 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 will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 53 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City may be subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked by Vendor as "Confidential" or "Proprietary," City will promptly notify Vendor and it will be the responsibility of Vendor to submit to the Texas Attorney General's Office 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. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete, or otherwise corrupt City Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in Vendor Services Agreement Page 2 of 11 City Secretary Contract No. identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Ri�ht to Audit. Vendor agrees that City will, 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 will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement and not as an agent, representative, or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and will be solely responsible for the acts and omissions of its officers, agents, servants, employees, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants, and employees, and Vendor and its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a co-employer or a joint employer of Vendor or of any officers, agents, servants, employees, contractors, or subcontractors of Vendor. Neither Vendor nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will 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, contractors, and subcontractors. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL 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 CALISED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. Vendor Services Agreement Page 3 of 11 City Secretary Contract No. 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, trademark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle, or pay will 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 will 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 will 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 will 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 will 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 will 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 will, at its own expense: (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. Assi�nment and Subcontractin�. 9.1 Assi�nment. Vendor will 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 will 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 will remain 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, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor 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: Vendor Services Agreement Page 4 of 11 City Secretary Contract No. 10.1 Covera�e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will include any vehicle owned, hired, and non-owned. (c) Workers' 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 (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit 10.2 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 must 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 must be submitted to City to evidence coverage. General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term "City" includes its employees, officers, officials, agents, and volunteers with respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. Vendor Services Agreement Page 5 of 11 City Secretary Contract No. (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. A minimum of 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, 100 Fort Worth Trail, 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. (fj Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules, and Re�ulations. Vendor agrees that in the performance of its obligations hereunder it will 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 must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part ofthe consideration herein eXchanged, agrees that in the performance of Vendor's duties and obligations hereunder it will 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, CONTRACTORS, SUBCONTRACTORS, 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 will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Jay Chapa 100 Fort Worth Trail Fort Worth, TX 76102 Facsimile: (817) 392-8654 To VENDOR: MIG, Inc. Attn: Daniel Iacofano, President and CEO 800 Hearst Avenue Berkeley, CA 94710 danieli(a�migcom.com Vendor Services Agreement Page 6 of 11 City Secretary Contract No. With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emulovees. Neither City nor Vendor will, 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 other party. Notwithstanding the foregoing, this provision will 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 City does not waive or surrender any of its governmental powers or immunities by execution of this Agreement. 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 does 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 will 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 will 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. Severabilitv. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party's performance as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headin�s not Controllin�. Headings and titles used in this Agreement are for reference purposes only, will 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 Vendor Services Agreement Page 7 of 11 City Secretary Contract No. ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or its Exhibits. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warrantv 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 will 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. 25. Immi�ration and Nationalitv Act. Vendor must 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 will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all applicable federal and state laws and 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR OR VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownershin of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will 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 will 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 will 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, 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 or instrument of transfer, free from any claim, lien for balance due, or rights of retention thereto. 27. Si�nature Authoritv. The person signing this Agreement hereby warrants that they have 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. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Vendor Services Agreement Page 8 of 11 City Secretary Contract No. 28. Chan�e in Companv Name or Ownershiu. For the purpose of maintaining updated City records, Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change. 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, a copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact future invoice payments. 29. 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 2271 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" have the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, 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 Agreement. 30. Prohibition on Bovcottin� Ener�v Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to 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. 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 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. 32. Electronic Si�natures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file, email, or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entiretv of A�reement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns, and successors in interest as to the matters contained herein. Any Vendor Services Agreement Page 9 of 11 City Secretary Contract No. prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 10 of 11 ACCEPTED AND AGREED: CITY OF FORT WORTH: --:;------:5Ck--By: Jay Chapa (May 29, 2025 14:42 CDT) Name: Jay Chapa City Manager Date: 05/29/2025 APPROVAL RECOMMENDED: Name: Christianne Simmons Title: Chief Transformation Officer ATT� A � By:_�O _________ _Name: Jannette Goodall Title: City Secretary VENDOR: MOORE IACOFANO GOLTSMAN, INC. By: Dcuud c-f �r Name: Daniel Iacofano Title: President and CEO Vendor Services Agreement Title: City Secretary Contract No. ____ _ 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: Eric Fladager Title: Assistant Director APPROVED AS TO FORM AND LEGALITY: By: Name: Trey Qualls Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0282 Form 1295: 2025-1257434 Page 11 ofll Exhibit A City of Fort Worth � Comprehensive Plan Update Revised Scope of Work - 05.21.2025 TASK 0. ONGOING TASKS ($53,525) Task 0.1: Contract Initiation Meeting ($4,130). This subtask will focus on finalizing the overall effort's scope, budget, and schedule and advancing thoughts about the plan's organization. Another emphasis will be defining the role and setting the frequency and timing of committees and other regulartouchpoints with City Management and City Council. This two-hour meeting will be held virtually with up to three MIG team members attending. Task 0.2: Bi-Weekly PMT Meetings ($30,590). This subtask virtual biweekly coordination calls throughout the project schedule in order to establish strong communication with all members of the Project Team and effectively align MIG as an extension of the City Staff. PMT meetings will be conducted virtually unless the timing aligns with an in-person meeting window. Up to three MIG team members will attend each PMT meeting. Task 0.3: Monthly Invoicing, Progress Reports, and Schedule Updates ($4,635). MIG will prepare monthly invoices and progress reports for review and approval by the City. The invoices will include a summary percentage complete by task, including direct expenses for MIG and its subconsultants. The monthly progress reports will identify tasks partially completed or completed duringthe previous month and identify upcomingtasks, events, and deliverables forthe upcoming month. Progress reports will be formatted as simple memorandum and attached to monthly invoices. Adjustments to the overall project schedule will occur at least quarterly and not more frequently than every month as a part of the progress reports. Task 0.4: Ongoing Project Management and Coordination ($14,170). In addition to regularly scheduled meetings and calls, it is anticipated that MIG will participate in ongoing project coordination and communication with the City, between team members, and with various stakeholders. MIG subconsultants will be engaged in regular coordination strategically as deemed necessary by MIG. TASK 1: MARKETING, COMMUNICATIONS, AND OUTREACH ($97,930) Task 1.1. Community Engagement and Communications Pfan ($7, 380J Task 1.1.1: Analysis of Community Engagement to Date ($3,310). Extensive community engagement has been completed as part of the previous contract for Community Engagement Support for the 2050 Comprehensive Plan. The City will analyze the results of community engagement to date and MIG will create a two to four-page summary that will be distributed on the project website and at Task 2 community engagement events. Task 1.1.2: Community Engagement Plan ($4,070). Working with the City, the MIG Team will develop an updated inclusive community engagement plan. The plan will identify Key Objectives, Key Audiences, Major Tasks and Activities, and Metrics of Success. It will include a preLiminary schedule that will be aLigned with the scope to show how engagement and technical tasks wilL connect and support each other. Details and specifics wiLl be added to the preliminary plan at the conclusion of each phase of the project for the next phase to ensure coordination with aligned planning activities, community events, and adjustments as needed throughout the project duration. The Community Engagement Plan will also include a high-level review of the City's current website and "ConnectFW" page to identify opportunities for improved and enhanced engagement. Task 1.2. CommunityEngagement($34,485J Task 1.2.1: Digital Marketing Strategy and Delivery Plan ($5,870). MIG wilL meet with Fort Worth Communications and Engagement staff virtually to deveLop a digital marketing strategy for the Fort Worth 2050 Comprehensive PLan. MIG will MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work work with Fort Worth staff to identify target audiences, content strategy, timing, and recommended reach methods (including multicultural outlets) to support the 2050 Comprehensive Plan. MIG will also workwith the City to create an email database for future outreach efforts, integrated within the existing GovDelivery system. MIG will provide two sets of digital advertising collateral and accompanying graphics for each outreach type alongwith a content calendar for Fort Worth staff. Artwork will be in standard sizes that will work for X, Facebook, Instagram, and NextDoor. The review process will consist of an initial review round of the marketing strategy and social posts and feedback, and then a final strategy and content for Fort Worth staff to implement. During the campaign, MIG digital marketing staff will check in with Fort Worth staff twice to review campaign performance and make recommendations for any adjustments to the strategies. MIG will also provide performance measurements (KPIs) as described in Task 1.4.1 to help determine if the goals identified in the digitaL marketing strategies are being met or need to be adjusted to increase performance. Task 1.2.2: Social Media Toolkit ($6,390). Social media is an important way to engage and reach community members when they are in a"leaned back" frame of mind—more inclined to take in information and engage with or share through their networks. On social media, you can promote interactive surveys, get quick answers to polls, invite attendance to events and connect with neighborhood groups and community-based organizations. MIG creates effective and targeted social media strategies, campaigns and advertising that encourage engagement within the planning process. In this task, MIG will create a social media toolkit for City staff to engage with its community in the 2050 Comprehensive Plan process. MIG wilL meet with the City project team to discuss social media goals and identify and prioritize the specific social media outlets that are most used by communities the City seeks to connect with. The social media launch toolkit will contain: » A social media strategy, suggesting tone and language for posts, proposed post schedule, and up to four subject areas for the City to post about (e.g., Fort Worth history, economic growth areas for the City, Comprehensive Plan outreach promotion and equity indicators in Fort Worth), and Local influencers and hashtags to interact with. » A starter kit of three to six sample posts, including graphics, as relevant. These posts provide a kickstart to City staff tasked with ongoing social media and support ongoing posts in the subject areas recommended in the social media strategy. Each item within the toolkit includes one round of review and input. We assume that City staff will implement all organic social media on City-owned accounts. Task 1.2.3: Engagement Videos (2 Videos) ($22,225). Videos offer a rich way to tell your story on social and paid media platforms. Like illustrations and infographics, a video can explain complex planning ideas in an accessible, inviting and culturally inclusive way. Videos can show even more of your City and team character and can be used for live and virtual engagement events that can be posted on the City's website or elsewhere. In this task, MIG will create design concepts, write scripts and develop, edit and produce two one- to two-minute videos. Each video can focus on a specific planning topic determined by the City project team. Keeping the videos two minutes in length (or shorter) offers enough time to provide a strong content overview, while keepingthe viewer's attention and piquingtheir interest to learn more. MIG has created Comp Plan 101 videosthat explain what a Comprehensive Plan is and why community members should get involved, which can provide a framework or inspiration for the City project team. MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 2 We anticipate videos will be "evergreen" to be used throughout the entire planning process and anticipate that the style will match the style used in the illustrations created in tasks 1.4, 4 and 5, with any necessary photos provided by the City. If a photographic style is preferred, MIG can use stock photography, videography and/or b-roll footage provided by the City. MIG will convene a one-hourvirtual initiation meetingwith the Cityto discuss the messaging, goals, anticipated audiences, key themes and story concepts for both videos. From this meeting, MIG will create a creative brief for both videos and a production schedule for the first video. Once the City approves the creative brief and production schedule, MIG will begin production on the first video—drafting an annotated script that contains suggested visuals and examples of key frames and providing a selection of voice samples. Together, these visuals, directions and voices provide a feeling for the completed video. The City will have the opportunity to provide feedback and choose a preferred voice actor before MIG advances to the next step. With City feedback on the annotated script and a chosen voice actor, MIG will create a rough cut: a continuous video with sound effects and voiceover recording integrated to check pacing and tone and confirm that the overall message of the video is clear. After receiving City feedback and making any refinements to the script or visuals, MIG will create a final cut of the video for City review. Once approved, MIG will add English closed captioning and add subtitles in Spanish. MIG will follow the same process for the second video, starting with a production schedule. If preferred, MIG can also identify Spanish voiceover for an additional cost. Please note that any additional rounds of review or revisions, or the choice to extend a video beyond two minutes long, will require additionalfunding on a time-and-materiaLs basis. MIG can also provide communications strategy and script writing services for the video if the City prefers to produce them in-house. The budget for editorial services would be determined in advance of the task initiation but would be estimated at approximately $4,000 for two 2-minute videos. Task 1.3. Outreach Col(ateral ($14,785) Task 1.3.1: Flyer Template ($1,935). MIG will design an 8.5" x 5.5" flyer template in Adobe InDesign. We anticipate the template to include text, photos and callout graphics. The City will provide rough draft content for the first flyer, which MIG will use to create the template. We will create a first draft for review and input. The Citywill provide consolidated feedback, and MIG will revise and provide a final InDesign file with master pages and styles set within the document. Task 1.3.2: PowerPoint Template ($3,285). MIG will design a PPT cover slide, background slide, divider slide and a standard text-with-imagery slide. When designing the slides, we will keep accessibility in mind. We will share a first draft with the City project team for review and input. The Citywill provide consolidated feedback and MIG will make revisions and provide final tempLate slides. Task 1.3.3: Event Board Template ($1,935). MIG will design an event board template in Adobe InDesign. We anticipate the board template to be approximately 24" x 36" (or similar). It will include a masthead and possible footer. The board will include the option to insert infographics, spot illustrations, icons, text, graphs and photos into the template frame. MIG will create a first draft for review and input. The City will provide consolidated edits and MIG will revise and provide a final InDesign file with master pages and styles set within the document. Task 1.3.4: Infographics (Up to 5) ($7,630). Infographic illustrations help build buy-in into a plan process. Conveying complex planning ideas in ways that make sense to a casual viewer can invite eager and active engagement. MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work MIG's artists are adept at converting the possible planning range of concepts and scenarios the City may propose into inviting visuals that are more accessible for limited-English speakers. With illustrations that convey planning options or potential streetscapes, for instance, residents can see how their expertise about their city can help guide the process. The process for infographics will follow what is outlined for spot illustrations: MIG will request a prioritized list of concepts/themes to be illustrated, along with draft text, any numbers or statistics and/or photos needed to complete the story. MIG will meet with the City project team for a one-hour virtual meeting to discuss the themes, identify preferred ways to convey the messages needed and confirm the order of delivery. MIG will then create a first draft of the top priority infographic, meeting with the City project team to discuss any revisions or refinements. MIG will make final edits and deliver the illustration for review and approval. Once approved, MIG will continue with the remaining illustrations (up to a total of five) using the same process. Task 1.4. Outreach Imp(ementation ($34,430) Task 1.4.1: Media Buy (Digital and Print) ($10,760). MIG will place paid digital ads for Fort Worth based on the Digital Marketing Strategy developed in Task 1.2.1. We work closely with our media partners to strategize, negotiate, and manage out-of-home (OOH) and digital ad buys. Our media strategies target audiences where they live, work and play, and we are able to use new digital technologies to reach users of devices with highly specified attributes in a cost-effective way. MIG provides ongoing media monitoring during the campaign and can refine targeting strategies to optimize engagement, reach or click-throughs, if needed. Once the campaign is compLete, MIG will provide a summary report of how the campaign performed. Task 1.4.2: Virtual Open House ($23,670). The MIG Team wilL create the MIG 360 Web-Based Platform that will be compatible with mobile (iOS and Android) and desktop browsers. This platform will include a standard indoor meeting settingthat is made up of 360-degree photos knitted together. The Virtual 360 Web-Based Platform may integrate mapping, survey, video, email and other third-party digital engagement platforms and tools. This task also includes virtual room branding, station setup, and SaaS hosting and support. MIG will maintain and gather any comments received in the Virtual 360 Web-Based Platform. MIG will provide a link of the virtual platform for one (1) round of client review and commentary before launching and prior to one update MIG will prepare up to five (5) station boards. Task 1.5. Pfan Temp(ates ($6,850) Task 1.5.1: Printed Plan Document Template ($4,195). MIG will meet with the City project team to discuss the final Plan, and request photos and a table of contents (TOC), or draft outline of the Plan contents. MIG will design a cover and two to three sample spreads. MIG will provide the initial draft for City review. The City will provide consolidated comments. Based on that feedback, MIG will make revisions and provide a final draft for review and approval. Task 1.5.2: Web Plan Document Formatting ($2,655). Once the final printed version of the Plan is completed and approved, the City will provide MIG with the final collected InDesign files. MIG will export this file into one complete accessible PDF file, and separate accessible chapter files with hyperlinks within the document and a clickable TOC. MIG will have the finalfiles remediated to ensure accessibilityfor screen readers. TASK 2: VISION CONFIRMATION, GOAL SETTING, AND PLAN FRAMEWORK ($80,950) MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 4 Task 2.1. Vision and Goal Setting ($8,110) Task 2.1.1: Vision Framework Outline ($2,440). The initial engagement series will be related to confirming the community's vision and goals. Building on the results of the first two phases of the previous contract, an updated outline of the vision framework will be developed for discussion with City staff. It is anticipated that the Elements from the existing Comprehensive Plan will be integrated; however, opportunities to streamline/enhance the overall structure and organization of the Plan may be explored at a high level as part of this task. Task 2.1.2: Vision and Goals Summary Handout ($5,670). The vision framework will be developed for broader review based on input from the previous outreach efforts and Task 2.1.1. The summary handout will include a clear and concise vision based on community information, equitable engagement, and collective aspirations. Additionally, the summary handout will consist of goals established/ confirmed to guide the development of policies for each Comprehensive Plan element. The summary handout is intended to be very visual and ultimately included in the final Comprehensive Plan document. Also, it is recommended that City Councilwill accept or approve the Vision and Goals prior to presenting the larger Plan Framework. Task2.2. EconomicStrategySummary($19,680) The MIG Team will prepare an Economic Strategy Summary Memo to articulate industry/cluster trends, workforce alignment, strategic sites for employment uses and jobs, barriers to business investment and growth, and existing and potential funding tools. The Economic Strategy will be coordinated with the City's Economic Development Department, their Economic Development Strategic Plan, and other current policies and programs spearheaded by the Economic Development Department and the City Manager's Office. Task2.3. Pfan Framework ($12,460J Task 2.3.1: Draft and Revised Comprehensive Plan Framework ($8,400). The project's Comprehensive Plan Framework task will focus on working with the community, committees, and key stakeholders to establish the Comprehensive Plan Framework. The Framework will build from the vision framework and include big moves and high-level recommendations for Place Types and urban form, identification of and planning for Strategic Development Areas, infrastructure and amenities planning, mobility and connectivity for all modes, public realm and placemaking, environment and sustainability, and housing and economic development recommendations. Task 2.3.2: Draft and Revised Plan Outline ($4,060). MIG team members will work with City staff to generate an annotated outline for the updated plan that builds on the visioning document, preliminary plan framework, and other interim directions established in the process thus far. The outline will provide an overall snapshot of the Plan organization, document format (as conveyed through "mock-ups" of sample page layouts), and a list of proposed graphics. The outline will also establish how the contents of the Vision and Goals Summary Handout document and other vital elements are integrated into the Comprehensive Plan document. Task2.4. Task2 CommunityEngagementlmp(ementation. ($40,700) The MIG Team will collaborate with the PMT and City Communications staff to implement the Community Engagement Plan activities for Task 2 of the project. We anticipate a"relaunch" of outreach in earLy 2025 via the website and integrated into continued City staff updates and presentations. Major events and activities deveLoped specifically for the Fort Worth 2050 Comprehensive Plan will begin in 2025 towards the end of winter. The MIG Team will lead the development of inedia content, community questionnaires, and presentation and meeting materials. The City will be responsible for keeping media platforms up to date with provided content. During each task of engagement implementation, MIG is scoped for one, three-person, three-day Meeting Window during which many on-site engagement events and activities will occur. The MIG Team will prepare materiaLs and conduct aLl outreach activities that reasonably fit into the Meeting Window. In general, MIG will conduct one each of any indicated Community, Planning Commission, and Council Workshops during the Meeting Window for each Task. Additional updates to elected/appointed officials outside the Meeting Windows wilL be conducted by City staff with support from MIG, and the PMT will provide MIG with copies of updated materials drafted by staff. City staff will ensure that events and MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work activities with elected and appointed officials are properly noticed, formatted, etc., to meet all City or other legal requirements. TASK 3: PLACE TYPES AND FUTURE LAND USE MAP DEVELOPMENT ($211,730) Task 3.1. P(ace Types and Contexts Expansion and Refinement ($69,110) Task 3.1.1: Place Types Parameter Development and Refinement ($17,000). The MIG Team will test and refine the preliminary place-types palette and related policy guidance the City has generated before the 2050 Comprehensive Plan effort. The MIG Team will help to ensure that the place types build upon the unique assets present in Fort Worth and the characteristics defined for each and they appropriately and adequately relate to and inform existing and updated zoning districts. The MIG Team will work closely with staff and the community to identify places that already exist and those that have the most significant potentialto transform the Fort Worth landscape for the benefit of those in and near the areas where they are applied by considering the types of housing and jobs that are expected in each. The aspirational composition of place types will be examined to maximize the potential of place types and their implementation to help improve fiscal sustainability, develop vibrant walkable areas with a mix of well-connected uses and amenities, address disparities, and promote upward mobility and other opportunities. Task 3.1.2: Place Types Capacity and Demand Analysis ($15,430). The MIG Team will conduct a Place Types Capacity and Demand Analysis to evaluate the city's existing land use framework and support future growth aligned with community goals. This analysis will begin with data collection and review, including an inventory of current and planned place types (translated from existing and future land use), zoning regulations, population projections, employment trends, and transportation networks, as well as insights from efforts completed by the Moving a Million Master Transportation Plan and the Parks, Recreation, and Open Space Master Plan Update. MIG will pertorm a growth capacity analysis to assess the ability of existing and planned place types to accommodate future growth, considering housing, employment, and infrastructure needs. In parallel, demand forecastingwill align population and employment projections with regional trends to estimate future needs for housing, jobs, and other services. The Capacity and Demand Analysis will provide side boards for scenario development to ensure minimum quantities of development are maintained or achieved and that scenarios do not over-project the potential absorption of any individual place type. This will include an analysis to identify fiscal sustainability impacts, underserved areas, variations in demand by geography and demographic group. A 10-page Capacity & Demand Memo will be created that incLudes an evaluation of existing and planned place types, zoning, popuLation, employment trends, and infrastructure. Growth capacity, demand forecasting, fiscal sustainability, quality of life, and equity analysis will help guide scenario development and policy recommendations. The memo will also include scenario modeling "outputs" that compare projected demand with place-type absorption to inform zoning and infrastructure decisions. Task 3.1.3: Place Types 3D Modeling ($36,680). The MIG Team will develop up to twelve (12) 3D place type models to visually represent existing and proposed place type patterns. These models will be developed in Sketchup and provide a dynamic, spatially accurate understanding of the relationships between building forms, public spaces, and infrastructure within designated place types. Example graphic styles, scales, level of detail, and annotations will be shared with City staff to facilitate a discussion and agreement on the custom approach for Fort Worth. Task 3.2. Deve(opment Scenarios and Eva(uation ($68, 040) Task 3.2.1: Key Policy Choices Analysis ($8,760). MIG will identify key policy choices and potential tradeoffs for use in the Game in Task 3.2.2 and the scenarios created as part of Task 3.2.3. Topics explored will incLude jobs/housing balance, land use mix, conservation, community character/urban design, transportation, fiscal impacts, traffic, geography of schooLs, and access to services. Key policy choices will incLude understanding the impact of various growth patterns on fiscal sustainability, quality of life, and equity and how various policy directions address identified opportunities, constraints, and disparities in infrastructure investment, employment and housing growth, retail opportunities, parks, and transportation infrastructure. Task 3.2.2: Growing Better Places Game ($25,980). MIG will utilize its Growing Better Places game format and the growth scenarios base map to develop a Growth Game for use in community outreach. The game will aLlow participants to MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work identify locations they want to see new development that creates walkable, memorable places that people love — as well as existing places to be preserved, enhanced, and redeveloped. The exercise will encourage participants to think about the Strategic Development Areas in the context of the entire region and allocate a target number of jobs and housing units. Participants also prioritize transportation connections and community amenities to ensure the creation of complete and well-connected places. This task will also result in an augmented facilitator guide, training, and summary memo. The facilitator guide will include step-by-step instructions for facilitators assigned to assist with the Growing Better Places game. The facilitator guide will have images, facilitator tips, and FAQs about each aspect of the game's activities. If the budget allows, MIG will create a simplified representation of the Growing Better Places game for gathering additional input online. Task 3.2.3: Draft and Refined Development Scenarios ($7,240). MIG will develop up to four Future Place-Based Map scenarios to explore key questions, potential trade-offs associated with growth and development, and other aspects of the community's vision (both qualitative and quantitative). One scenario is anticipated to correlate place types to the existing Future Land Use Map to show the likely outcomes under the current policy map. Another could be based on planned infrastructure indicated in existing adopted City plans and policies. At least two and up to three of the scenarios will test key policy choices from Task 3.2.1 and community input provided through play of the Growing Better Places game. MIG will also create and deliver GIS shapefiles of the Refined Development Scenarios to the City upon finalization. Task 3.2.4: Scenario Modeling and Evaluation ($26,060). This subtask is focused on conducting scenario modeling and evaluation for up to four scenarios created as part of Task 3.2.3. MIG will utilize Urban Footprint to test the scenarios on an array of ineasurable socio-economic, environmental, and built-form inputs and outputs. The scenarios and associated evaluation will be summarized in a PowerPoint slide deck with a particular emphasis on the tradeoffs between scenarios, including comparing and contrasting how various development patterns impact public costs and revenues. Task 3.3. Preferred Development Scenario ($31,220) Task 3.3.1: Preliminary Policy/Implementation Framework ($20,380). A preliminary policy/implementation framework will be prepared to support preferred directions from discussions on land use scenarios and critical policy choices. As part of this task, the MIG Team will workwith City staff to refine the preliminary plan elements to ensure the creation of the most unified and intuitive policy framework as part of the Plan. The MIG Team will also propose and refine a hierarchy of policy guidance that may incLude strategies, actions, goals, and poLicies. The intent will be to develop the simplest construct(s) to ensure user-friendliness and Legibility of the finaL plan and its key messages. Existing pLan policies will be used as a foundation to test the framework and identify gaps, recommend updates, and propose new policies to address the community's changing needs. In addition, emphasis will be placed on the role of fiscal constraints in evaluating the feasibility of potential strategies. Potential performance metrics will also be introduced as part of this task to help gauge priority outcomes. Task 3.3.2: Preliminary Preferred Place-Based Scenario ($10,840). A draft of the Preferred Place-Based Scenario and updated place types will be prepared to reflect input from community/stakeholder outreach. MIG will create visualizations to support the preferred scenario and provide input on language relating to urban design and placemaking for the draft plan. This task willfocus primarily on community character, land use, and urban design considerations for individual place types and Strategic Development Areas. The Preliminary Preferred Place-Based Scenario and Policy Framework will be summarized into a 6- to 10-page, highly graphic collateral piece and delivered to the City in print-ready PDF format. MIG will also create and deliver a GIS shapefile of the Preferred Place-Based Scenario to City upon finalization. Task 3.4. Task 3 Community Engagement Impfementation. ($43, 360) The MIG Team will collaborate with the PMT and City Communications staff to develop and implement the project's community engagement strategy for Task 3. We will capitalize on opportunities for pop-up and intercept events. However, during the Meeting Window, larger-scale community workshops and input on significant deliverables will be scheduLed while school is in session. The MIG Team will develop a summary of inputs gathered from Task 3 engagement activities. TASK 4: POLICY DEVELOPMENT ($60,800) MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 7 Task4.1. Draftand Refined BigMoves. ($15,160) The MIG Team will collaborate with the City to develop a list of "Big Moves" aimed at realizingthe vision established in Task 2. One or two Big Moves will be recommended for each of the major Plan Framework components. These Big Moves will be evaluated alongside the preferred place-based scenario, strategies, and recommendations to ensure alignment with their guiding intent and to confirm that the scenario advances the overarching vision. Task 4.2. Draft and Refined Actions (Policies, Projects, and Programs). ($12, 980J A series of policy, program, and project recommendations will be developed to achieve community goals and help realize the vision for Fort Worth. Policies, programs, and projects will focus on public, private, and partnership opportunities to ensure short-, medium-and long-term implementation measures are identified. The MIG Team realizes that Comprehensive Plans can result in a long laundry list of community wishes and desires. To combat this type of planning becoming a roadblock to implementation, the MIG Team will ensure community members understand the relationships and trade-offs associated with various improvements and types of development. Understanding the types of market conditions and/ or supportive land uses and development necessary to support various amenities and infrastructure help the recommended implementation actions associated with the vision and preferred scenario to be realistic and implementable. Policies will be vetted for market conditions, land economics, and operating costs. Task4.3. Task4 CommunityEngagementlmplementation. ($32,660) The MIG Team will collaborate with the PMT and City Communications staff to develop and implement the project's community engagement strategy for Task 4. We will capitalize on opportunities for pop-up and intercept events. However, during the Meeting Window, larger-scale community workshops and input on significant deliverables will be scheduled while school is in session. The MIG Team will develop a summary of inputs gathered from Task 4 engagement activities. TASK 5: STRATEGIC DEVELOPMENT AREAS ($125,240) Task 5.1. Strategic Deve(opment and InvestmentAreas ($70,800). Task 5.1.1: Identification of Strategic Development Areas ($16,620). The MIG Team will work with FWLab to build on previous analysis and conduct a"soft parcel" analysis of Fort Worth to identify previously developed areas that could accommodate significant reinvestment and growth while generating a higher Return on Public Investment (ROPI). ROPI will factor in service costs and real revenue potential to provide a strong indication of fiscal trade-offs. The soft parcel analysis wilL consider improvement-to-land (I:L) value ratios, vacant parcels, large surface parking lots, and publicly owned land in already developed areas of the city. The City will update its BuildabLe Lands Inventory with the latest available data to support this effort. This task will then involve comparing areas identified in the soft parcel analysis to 1) areas with major place type changes; 2) areas designated for mixed-use centers and/or corridors in the Future Land Use mapping; and 3) areas where market momentum is already being demonstrated based on recent built projects, permit data, real estate sales, and rezoning requests. MlGwillworkwith the Economic Development Department, FWLab, City Manager's Office, and the communityto prioritize up to twelve (12) Strategic Development Areas, each under 250 acres, that align with employment, density, and City investment priorities. For each area, the MIG Team wilL create a map and a brief 1-2 page narrative outlining key characteristics and opportunities. Task 5.1.2: Public Investment Strategy ($10,500). For each identified strategic development area, the MIG Team will determine where public investment is necessary to support and catalyze development and support long-term fiscal sustainability. This task will identify infrastructure improvements needed to accommodate growth. High-level cost estimates will be developed based on costing factors. Costing factors will be provided by public works and utility providers and gathered through a series of ineetings and interviews with the appropriate representatives. MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work Task 5.1.3: Transformative Growth Concepts and ROPI ($27,760). MIG will create a high-level conceptual site plan with simple 3D massing for each Strategic Development Area to inform potential development programs for strategic employment centers and mixed-use centers. The development concept will be used to assess the potential tax revenue and costs to service envisioned new development or redevelopment. Using the high-level cost estimates for public infrastructure investments from the previous task, MIG will perform an analysis of the expected ROPI. MIG will also provide suggestions on how direct investment from development projects can contribute to infrastructure funding and service expansion. MIG will create an initial draft of ROPI projections for each strategic development area and conduct a review session with City officials. This session will assess potential revenue generation, infrastructure costs, and projected public investment returns. Task 5.1.4: Finalized ROPI Strategy and Public Investment Plan ($15,920). Following City feedback, MIG will refine the ROPI strategy, ensuring alignment with City goals for fiscal sustainability and growth management. The final deliverables will include projections of public and private investment impacts, as well as policy recommendations to maximize long- term returns. Task 5.2. Too(s, lncentives, and Strategies for Implementation ($20,820). FWLab will work with Economic Development and other City departments to develop an inventory of existing funding and financing tools available within strategic development areas. This includes but is not limited to Tax Increment Reinvestment Zones (TIRZ), infrastructure investments, incentives to stimuLate development, and recommendations from the Neighborhood Conservation PLan and Housing Affordability Strategy. MIG will review the inventory prepared by FWLab and will then identify new tools and strategies to attract private investment while ensuring long-term fiscal sustainability. This includes zoning incentives, streamlined approval processes, infrastructure financing mechanisms, and targeted incentives to direct growth into strategic development areas. Task 5.3. Strategic DevelopmentAreas Photo Simu(ations and Final Graphics ($33,620). Task 5.3.1: Base Photo Selection and Conceptional Sketches ($14,300). MIG will collaborate with City staff to select a priority site in each strategic development area and develop conceptual sketches to illustrate key development strategies and anticipated elements of aligning public and private investments to demonstrate and maximize ROPI. Base photos may be pedestrian level views or oblique aerial birds eye imagery. Task 5.3.2: Screen Check of First Draft Photo Simulations Sketches ($11,590). MIG will develop an initial draft of each photo simulation and conduct a web review session with the City to discuss potential edits. A punch list of agreed upon changes will be developed to summarize input from the call. MIG will revise the photo simulations based upon the punch list developed during this task. Task 5.3.3: Image Compositing and FinalTouches ($7,730). After site photos are selected, the models and photo simulations are refined, and the virtual cameras matched, MIG wiLl begin the process of compositing the computer- generated content with photos. Within this task, MIG will refine the overaLl graphic style to highLight the particular concepts and/or alternative ideas that the project team will impart to the public. MIG will make the necessary changes and finalize the images after receiving comments from the City. TASK 6: 2050 COMPREHENSIVE PLAN REVIEW AND ADOPTION ($127,174) Task 6.1. Implementation Strategy. ($31,210) Task 6.1.1: Implementation Strategy Outline ($4,800). The MIG Team wilL deveLop an implementation strategy outline to guide the transition from vision to actionable results. This outline will organize strategies, policies, and programs MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work necessary to achieve the plan's goals, aligning with the guiding principles and community aspirations. The strategy outline includes an approach for interdepartmental coordination, regional partnerships, and public-private collaboration, ensuring that the plan remains adaptable and responsive to evolving needs. Task 6.1.2: Metrics and Measures ($7,310). The MIG Team will work with the community and staff to develop a list of metrics and measures to track progress for the recommendations and strategies created as part of the 2050 Comprehensive Plan. Task 6.1.3: Draft and Refined Implementation Strategy ($19,100). The Team will develop a comprehensive implementation strategyto guide actions needed to implementthe policies created forthe Comprehensive Plan. The major actions recommended will be prioritized based on the most pressing issues identified during the Comprehensive Plan process. The implementation strategy will include the guidance in the planning, policy, and land use tools that should be used to review, maintain and update the plan. A schedule for key milestones and action completion fiscalyears will be proposed as a guide to the City's implementation efforts. Funding tools and strategies will be identified for the major infrastructure improvements recommended in the plan, as well as any necessary changes to policies or tools that are needed to ensure the vision created in the plan is sustainable. The Team will also utilize innovative approaches to both prioritizing plan actions and measuring outcomes related to actions. A major component to ensuring successful implementation of the plan is to tie the implementation and measurement of success directly to the plan framework and guiding policies. The implementation actions should fall directly out of the priority goals and objectives from the plan and align with performance metrics for measuring the desired outcomes of the plan. Task 6.2. Draft 2050 Comprehensive P(an. ($54,430) Task 6.2.1: Administrative Draft Plan ($26,480). The MIG Team will compose an Administrative Draft Plan, including charts, maps, figures, etc. The Administrative Draft Plan will be in a Word-based text format with associated essential graphics as an attached companion in a PDF document. The narrative will reference clearly identified graphics that will be attached after the narrative's conclusion. The City will provide two rounds of consolidated feedback on the Administrative Draft Plan before MIG begins production on the Formatted Draft Plan. Task 6.2.2: Formatted Draft Plan ($12,540). Based on the first round of comments from City staff and key partners on the administrative draft, the MIG Team will revise the plan narrative and associated graphics. The revised plan narrative and associated graphics will be incorporated into the highly graphic and user-friendly desktop-published tempLate developed as part of Task 1.5. MIG will deliver an electronic copy (PDF) of the Formatted Draft Plan. The City will be responsible for producing any hard copies. Task 6.2.3: Public Review Draft Plan ($6,220). Based on consolidated comments from City staff and key partners on the formatted draft, the MIG Team will revise the pLan narrative and associated graphics. MIG will deLiver web-ready and print- ready electronic copy (PDF) of the Public Review Draft Plan. The City will be responsible for producing hard copies. Task 6.2.4: Executive Summary Document ($9,190). The MIG Team will develop a 6- to 8-page executive summary for the Plan for effortless reproduction and distribution to community members and potentiaL partners. The MIG Team will graphically design the executive summary and provide print-ready files to the City. MIG will deliver an electronic copy (PDF) of the Executive Summary document and one printed physical copy. The City will be responsible for producing additional copies. As for the Public Review Draft Plan, time and budget will allow for two rounds of consolidated comments by City staff and revisions by the MIG Team. Task 6.3. PfanAdoption and Finaf P(an. ($13,565) Task 6.3.1: Adoption Draft Plan ($2,830). The MIG Team wilL incorporate feedback gathered throughout the public review process into an Adoption Draft Plan document. MIG will deliver an electronic copy (PDF) of the Adoption Draft Plan. The City will be responsible for producing hard copies. After the plan is adopted, MIG wilL make any revisions as dictated during the adoption process and deliver a Final Plan (see Task 6.3.3) in formats optimized for printing and posting online. MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 10 Task 6.3.2: Review, Approval, and Adoption Processes ($5,930). The MIG Team will co-lead the approval and adoption process presentations with the PMT. MIG will attend up to two adoption meetings/hearings each of the City Plan Commission and City Council. MIG will be available as a resource to City staff or will co-present as needed/desired. Task 6.3.3: Final Plan ($2,495). The MIG Team will incorporate feedback gathered throughout the review and approval process into a final Adoption Draft Plan document. MIG will deliver an electronic copy (PDF) of the Adoption Draft Plan. The City will be responsible for producing hard copies. After the plan is adopted, MIG will make any revisions as dictated during the adoption process and deliver a Final Plan in formats optimized for printing and posting online. The City will be responsible for producing hard copies. Task 6.3.4: Next Steps Strategy Meeting ($2,310). After adoption, the MIG Team will work with the City and key partners to develop a meeting on the next steps. A schedule for key milestones and action completion dates will be proposed as a guide to City staff's implementation efforts. Immediate staffing assignments and action items will be identified for the major improvements recommended in the plan, as well as any necessary organizational changes or new staffing requirements that are needed. Task 6.4. Task 5 and Task 6 Community Engagement Imp(ementation. ($27,969) The MIG Team will collaborate with the PMT and City Communications staff to develop and implement the project's community engagement strategy for Task 5 and 6. We will capitalize on opportunities for pop-up and intercept events. The MIG Team will develop a summary of inputs gathered from Task 5 and Task 6 engagement activities. MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 11 Scope Assumptions The MIG Team has made the following assumptions concerning the administration of the 2050 Comprehensive Plan Update for Fort Worth. These assumptions are intended to clarify the roles and responsibilities of City staff and the MIG Team. PROJECT MANAGEMENT » The MIG Team and City staff will work together throughout the project. To keep the process moving, project management issues that arise during the project will be dealt with quickly through a conference call or face-to-face meeting. » MIG will provide project management for the overall project and be responsible for managing the consultant team. MIG will prepare for and facilitate biweekly meetings with the City Project Management Team. These meetings will often include project updates. However, working sessions will be to advance the project tasks and deliverables. MIG will provide an agenda and work session materials no later than the prior workday, with more time for items requiring more significant review prior to the work session. If no timely work session is needed, MIG may cancel a meeting and provide a project update via email. » City staff will be responsible for project coordination tasks throughout the process, including providing relevant reports and documentation to the MIG Team, reviewing all documents and providing comments, publicizing and arranging public meetings, and scheduling/arrangingworkshops and public hearings. » City staff will keep MIG informed of all significant issues that arise in the community that may significantly affect the project (e.g., policy shifts, major project applications, significant events, and major reports or studies). » If the primary client contact or Project Manager changes during the course of the project and necessitates more than an hour of MIG staff time to reinitiate the project, this will be considered extra services. » If the MIG Project Manager changes during the project, MIG will provide a thorough briefing and update, limiting any additionaltime required bythe clientto reinitiate the project to one hour. BUDGET » The project budget estimates how project costs are alLocated among phases and tasks and among MIG Team members. The MIG Team will not exceed the total contract amount without the express approval of the City. The prime consultant (MIG, Inc.) may realLocate costs among phases and tasks and consultant team members as needed to carry out the phases and tasks in the Work Plan. MIG will notify the City of significant cost reallocations in conjunction with monthly invoicing and progress reports. » The City will compensate the MIG Team for work carried out at the City's request that is outside of the Work Plan. MIG wiLL inform the City of any work that is out-of-scope and subject to additional costs prior to conducting the work. The City wiLl compensate the MIG Team for this work on a time-and-expenses basis according to current billing rate schedules. » Direct costs have been estimated based on current pricing (e.g., airfares and hoteL room rates). If travel costs increase significantly over the multi-year project timeframe, MIG may have to revise direct costs accordingly. INVOICING » MIG will bill monthly for services rendered on a task-per-complete basis, with expenses added to the contract b u dget. » The City's Project Manager will review and approve MIG's monthly invoices, including all work the MIG Team covers. Any questions or issues related to the monthly invoice will be deaLt with quickly through a conference call with MIG and the City's Project Manager. The City wilL pay invoices within 30 days of receipt. SCHEDULE MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 12 » During quarterly project schedule updates, MIG and the City will mutually set specific dates for drafts, reviews, and finalization of each deliverable. MIG will make every effort to meet the deadlines outlined in the project schedule, and City staff will make every effort to meet the deadlines as outlined in the project schedule developed and agreed upon by the City and MIG. » The City will not hold the MIG Team responsible for schedule delays that result from circumstances or events beyond their control. PUBLIC OUTREACH » MIG will work within "Meeting Windows" at each project phase. These windows will customarily be 2-3 days, during which non-local MIG members will be present and conduct multiple meetings and events. » Unless otherwise noted in the Work Plan, the City will coordinate, arrange, advertise, host, and facilitate all public meetings, community group presentations, workshops, study sessions, and public hearings. As noted in the Work Plan, the MIG Team will provide content and conduct the meetings, workshops, and study sessions. » City staff will be responsible for distributing any hard copies of project outreach materials prepared by MIG. » City staff will memorialize all public comments and inputs received during the public outreach and provide this information to MIG, except as outlined in the scope. » With support from MIG, City staff will present all public review drafts and final documents to the City Plan Commission and City Council for review, discussion, and direction. City staff will memorialize all Planning Commission and City Council directions and provide that information to MIG. » City staff will prepare all staff reports for City Plan Commission and City Council meetings and hearings unless otherwise noted in the Work Plan. The MIG Team will provide assistance and input to the City for the staff reports as requested by City staff. DOCUMENTS » The MIG Team will provide draft examples and suggestions for document format, graphic look, and content for milestone documents. City staff will provide clear direction for the preferred format, graphics, and content for milestone documents. » If available, City staff will provide the MIG Team with graphics (e.g., logos, photographs) of local scenes, landscapes, and other applicable imageryto support the production of work products, documents, and outreach materials. » Unless otherwise noted in the Work Plan, city staff will review each administrative draft, screen-check draft, and public hearing document once. The City's Project Manager will coordinate document review by City departments and advisory committees. » City staff will provide a single, consolidated set of comments in electronic format on all documents. Staff will review all comments to resolve any inconsistencies and provide clear direction. If possible, changes will be provided using track changes or a similar digital comment format. » City staff will not distribute working draft or administrative draft documents to decision-makers or the public. » The MIG Team will provide the City with digital files of all documents and products suitable for posting on the City website and for printing paper copies. MIG will provide editable digital copies of all materials in their native formats and as InDesign files. Unless otherwise noted in the Work Plan, the City will be responsible for printing and distributing paper copies of all documents. GIS AND MAPPING » The City will provide current and available GIS data that is reasonably accurate to complete the project. » The MIG Team wiLl not produce any new GIS data other than what is necessary to carry out the tasks outlined in the Work Plan. MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 13 During the project initiation phase, City staff will confirm the boundaries (e.g., planning area, neighborhoods, and districts) used duringthe project. MIG, Inc. City of Fort Worth � 2050 Comprehensive Plan Scope of Work 14 � � City of Fort Worth I COMPREHENSIVE PLAN UPDATE project cost o i Contractln�itiation Mocting $4,130 o. Bi-WccklyPMTMec:ings 530,590 0.3 MonIM1.ylnvoicin�,ProgressReporls,antl5chetlu.elJptlates $4,635 o i. Ongoing Project Managemontantl Coorclnation 514,1 ]0 Subtotal 553,525I l.l.t AnalysisofCommun�ityEn�a�emenitoDale $3,310 >>? CommunlryEngegemantPlen $4,0]0 t�i D�ig[aLMerketingShategyantlDCliveryPlan $5,8]0 1.22 SocialMetl�iaToolkit $6,390 ��3 EnqagemenlVne.os(2Videoc) 522,225 t3i Flyoriompla.c $1,935 1.3.2 PowerPo�inlTemplate $3,285 1.3.3 Evenl9oartlTemplate $1,935 �sn mrograph��oa(uv�os) S�,sao t.4.t Matl�ieBuy�D�igi[elendPrin.J 510,]60 1.4.2 Virlual Open House 523,6J0 t_51 PnnletlP.anDocumenlTemplate $4,195 �_s� WabP.enDocumantFormetting $2,655 Subtotal $97,930 ��1 VisionFameworkOulline $2,440 ��? Vis�ionantlGoalaSummeryHantlou[ $5,6]0 22 Econom�ic5lrale�y5ummary 5�9,680 2.3.1 �afl antl Revisetl Comprehens�rve Plan Framework $8,400 �3� DreftantlRevisotlPlenOutline $4,060 z� Task2Commun-iryEngagcmentlmplementation 540,]00 Subtotal $80,950 3.t.i Plar.eTypesParameterDevelopmentandRefinement $17,000 3.t.> PlaceTypcsCapaciryantlDcmzntlAnalysis $15,430 3.1.3 PlaceTypes30Motlelin� $36,680 3.2.1 KeyPo.i.ryCM1oicesAnalysis $8,J60 3�� GrowingBottorPlaceaGamo 525,9�0 3.i.3 DreftantlRefinedDevolopmon[Sconerio $�,240 3.2.4 ScenanoMoce.inqantlEvalual�ion 526,060 33i Prolim�inaryPolicy/ImpLomen[etionFremework 520,3�0 a3� Prolim�inaryPreforretlPleco-BeeotlSeenar�io 510,�40 3.� Task3CommunilyEnnaqementlmplemenlalion 543,360 Subtotal 5211,730 �-� DreftantlRefinedBigMovos 515,160 �-� �aflantlRe�inetlACl�ions�Policies,Projecls,antlProRrams) 5�2,980 �.3 Task4CommunilyEn,a,aqementlmplemenlalion 532,660 Sub.otal 560,�00 s.t.t Itlen[i`icetionofShetegicDovclopmen:Aroas 516,620 s.tz Pubnclnvestmentsiategy S�o,sOo s.ta TrenaformetiveGrow[hConcep[santlROPI S2],]60 .s.tn Finalize�ROPIS[rategyantlPubliclnveslmen[Plan 515,920 S2 Tools,Incent�ives,antl5lralegiesforlmplemenlal'ion 520,820 5.3.1 BasePM1otoSeleclionantlConcep'.ional5ketches 5�4,300 5.3.2 ScreenCheckofFirslDrflPM1otoSimulalionsSkelcM1es 5�1,590 s.s.a i necompos��r���a�aF��aiTo��nes S�,�ao Subtotal 5125,240I 5.t.t ImplcmantetionS[retagy0utlina $4,800 6.1.2 Me'.ncsantlMeasures $J,310 �,.ta DreftantlRefinedlmplemonte:ionS[re[egy 519,100 5�i Atlm�in�ietre[iveDraf[Plan 526,4�0 azz Fo�mauea oari aia� S�z,sao fi�3 PublicReviewDraflPlah $6,220 5�n Execut�ive5ummaryDocumen: $9,190 s.s.t Atlopilon�re�IPlan $2,83a 6.3.2 Review,Approval,antlAoop'.ionProcesses $5,930 6.3.3 FinalP.an $2,495 s.s.n NextStopeStrarogyMoeting $2,310 6e TaskSantlTask6Commun�i:yEn�;a�;emenllmplementat�ion $2],969 Subrotal $12],174 5% Markup(DirectCosts/Administrativc) $$657 MIG,Inc. City of Fort Worth, Mayor and Texas Council Communication DATE: 04/08/25 M&C FILE NUMBER: M&C 25-0282 LOG NAME: 03PLANNING CONSULTING SERVICES CONTRACT MIG SUBJECT (ALL) Authorize Execution of a Consulting Services Agreement with Moore lacofano Goltsman, Inc. (MIG) in an Amount Up to $759,598.00 for Completion of the 2050 Fort Worth Comprehensive Plan Including Future Land Use Plan with an Initial TwaYear Term and Up to Two One-Year Renewals RECOMMENDATION: It is recommended that City Council authorize execution of a planning consulting contract with Moore lacofano Goltsman, Inc. (MIG) for completion of the 2050 Fort Worth Comprehensive Plan in an amount up to $759,598.00 with an initial two-year term and up to two one-year renewals, if necessary; DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to approve a new planning consulting agreement for the completion of the 2050 Comprehensive Plan. On June 25, 2024, the City Council authorized execution of a consulting services contract with Moore lacofano Goltsman, Inc. (MIG) in an amount up to $201,200.00 to provide planning consulting services (M&C 24-0532). The contract authorized by M&C 24-0532 was not executed at the time because the scope of work was revised to include the Future Land Use Plan. MIG has additionally been working as a subcontractor on the 2050 Comprehensive Plan community engagement effort led by Public Information Associates, LLC (PIA), whose contract has now expired. To maximize efficiency and cost-effectiveness, a new agreement is proposed for MIG to complete the planning consulting work on the 2050 Comprehensive Plan, including the Future Land Use Plan. MIG has specialized knowledge and experience in a new "place types" approach to future land use planning being pursued for the 2050 Comprehensive Plan, making MIG the appropriate consultant to complete the planning consulting work on the 2050 Comprehensive Plan. This planning consulting work constitutes professional services and is exempt from bidding requirements. The agreement establishes the maximum cost for completion of all assigned tasks at $759,598.00. This amount includes work during the initial term as well as up to two, one-year renewals. Renewal options are being included primarily to allow for the possibility that some of the proposed tasks may need to be completed beyond the end of the two-year initial term. Funding is budgeted in the General Operating & Maintenance category in the General Fund for the FWLab Department. BUSINESS EQUITY: Because this work is considered to be exempt from Chapter 252 bidding requirements, a business equity goal requirement is not applicable. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire two years after. RENEWAL TERMS: This agreement may be renewed for finro (2) 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 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 INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the FWLab Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office b� Christianne Simmons 6222 Originating Business Unit Head: Christianne Simmons 6222 Additional Information Contact: Eric Fladager 8011 Page 1 of 7 CITY OF FORT WORTH CHAPTER 252 EXEMPTION FORM Instructions: Fill out the entire form with detailed information. Once you have completed this form, provide it to the Purchasing attorneys for review. The attorneys will review the information you have provided to is defensible. Failure to provide sufficient information may result in follow up questions and cause a Section 1: General Information Requesting Department: FWLab Name of Contract Manager: Rachel Bristow Departmental Attorney: Denis McElroy Item or Service sought: Planning Consulting/Engagement Goods: Service: Anticipated Amount: $400,000 to $800,000 depending on final scope with potential to roll in two Planning Sector Plans (which already received a Chapter 252 exemption, but the MIG contract is pending due to these potential changes) and the Future Land Use Plan. Vendor: Moore Iacofano Goltsman, Inc (MIG) Current/Prior Agreement for item/service: Yes No CSC or Purchase Order #: CSC #: 60558 (prior professional services agreement, just expired) Amount: $350,000, but work not completed prior to agreement expiration; approximately $200,000 remaining pending final billing. Projected M&C Date: January 28, 2025 How will this item or service be used? The FWLab is in the process of preparing a draft of the 2050 Comprehensive Plan (Plan) for City Council consideration. The Plan will differ from types change in approach has been shared with the City Council and met with a favorable response. Page 2 of 7 Finishing the Plan will require completion of community engagement (task 1) and preparing planning and design reports (task 2) that will serve as components of the Plan. In conjunction with the Plan, assistance will be needed in developing new Future Land Use Maps reflecting the types associated with task 1 as subcontractor under a professional services agreement that expired on November 10, 2024 (CSC# 60558). Has your department started a requisition or otherwise contacted the Purchasing Division related to obtaining this good/service? Yes No If yes, please provide requisition number or brief explanation of contact with Purchasing Division: with Brandy Hazel. Section 2: Claimed Exemption and Justification (Other than sole source) NOTE: For sole-source exemption requests, complete Section 3. Please indicate the non-sole-source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions: A procurement necessary to preserve or protect the public health or safety of the City of Fort Worth A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; A procurement for personal, professional, or planning services; A procurement for work that is performed and paid for by the day as the work progresses; A purchase of land or a right-of-way; Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; Page 3 of 7 A payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; Personal property sold: at an auction by a state licensed auctioneer; at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; Services performed by blind or severely disabled persons; Goods purchased by a municipality for subsequent retail sale by the municipality; Electricity; or Advertising, other than legal notices. Please provide details and facts to explain why you believe the exemption applies to the purchase. You may also attach documentation to this form. In order for a vendor to assist with any of the tasks identified above, they will need to be trained and have experience as professional planners. Professional planning services involve specialized knowledge, experience, and skills that are typically obtained through university planning or urban design degree programs and experience working in the field. Each of the tasks involves synthesizing and interpreting data, meeting and communicating knowledgably with stakeholders, preparing graphics and maps depicting plan concepts, and writing and presenting plan components. MIG and its team have the necessary training and experience to provide these professional services. MIG is a planning and urban design firm focusing on community visioning, urban planning, urban design, landscape architecture, and strategic planning to create built- environment solutions that result in a strong sense of place that fosters social equity and environmental sustainability. MIG is a multidisciplinary team with extensive expertise in urban planning, landscape architecture, and environmental planning as well as public involvement, stakeholder communication, and consensus-building involving all relevant community members, including historically underrepresented groups. approach integrates best practices in both traditional and innovative engagement methods, including in-person events, digital platforms, and immersive outreach techniques, with each engagement using customized tactics to ensure inclusivity, accessibility, and relevance to local cultural, geographic, and social contexts. Enhanced community engagement increases the likelihood of broad stakeholder buy-in and development of plans and designs more accurately reflecting the entire community. s (Charlotte, NC Comprehensive Plan, San Antonio Comprehensive Plan, Denver Blueprint Plan, Imagine Downtown KC Strategic Plan, Lower LA River Revitalization Planning, Houston Resilient Sidewalks Plan, and Downtown Boulder Vision Plan) share many of the same challenges, opportunities, and project scope requirements as the tasks identified above. Page 4 of 7 Section 3: Claimed Sole-Source Exemption and Justification NOTE: For all non-sole-source exemption requests, complete Section 2. Please indicate the sole-source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions *A procurement of items that are available from only one source, including: items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; films, manuscripts, or books; gas, water, and other utility services; captive replacement parts or components for equipment; books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; How did you determine that the item or service is only available from one source? Click or tap here to enter text. Attach screenshots and provide an explanation of any independent research you conducted, through internet searches, searching cooperatives, or discussions with others knowledgeable on the subject matter that corroborate that the item is available only from a single source. Click or tap here to enter text. Did you attach a sole source justification letter? Yes No Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.). Click or tap here to enter text. Section 4: Attorney Determination With the facts provided by the department, is the use of the claimed exemption defensible if the City were to be challenged on this purchase? Yes No. Was there anything attached to this form that was relied on in making this determination? Yes No. If yes, please explain:Click or tap here to enter text. Page 5 of 7 Was there anything not included on this form or attached hereto that was relied on in making this determination? Yes No. If yes, please explain:Click or tap here to enter text. Approved By: Date: 12/5/24 Andrea Phillips / Jessika Williams Assistant City Attorney Page 6 of 7 EXEMPTION FORM PRIMER Below are explanations and examples of common exemptions that could apply to City purchases. If you have questions about the information provided or need additional information, please PUBLIC HEALTH & SAFETY - A procurement necessary to preserve or protect the Examples of activities that have been found to fall within this exception include ambulance services; solid waste collection and disposal; and first-responder safety equipment such as breathing apparatus for firefighters and bullet-proof vests for police officers. UNFORESEEN DAMAGES - A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; Examples of this type of procurement would include repairing or replacing roofs and windows damaged by hail or a tornado. But parts and services for routine maintenance or replacement of old, worn out roofs or windows would not meet this exception. PERSONAL, PROFESSIONAL, OR PLANNING SERVICES Personal services are ones that are unique to the individual providing them. Therefore, personal services contract cannot generally be subcontracted or assigned. Professional services are not defined under Chapter 252, so there is no precise definition Tex. Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160 S.W. 2d 102 (Tex. Civ. App.Eastland 1942, no writ). The Texas Attorney General has physicians, or theologians, but also those members of disciplines requiring special knowledge or attainment and a high order of learning, skill, and intelligence. Id. Facts needed to support a professional service exemption include the specialized requirements of that profession and the mental and intellectual skill required by the person while performing the service. Purchases of goods are not professional services. SOLE SOURCE A procurement for items available only from one source This exemption is commonly referred to as the sole source exemption. In determining whether a purchase is of a good or service that is available from one source, you should not consider price or time to receive the good or service. A sole source does not exist solely on the basis of personal or departmental preference or a desire to keep all units the same brand or make. The information needed to support this exemption is that no other provider can provide the service or category of good except for the vendor you are proposing. Some Page 7 of 7 examples of sole source purchases include service agreements when only one vendor is authorized to work on the equipment by the manufacturer and allowing another vendor would void the warranty; purchase of a good that is copyrighted or trademarked and only provided by one vendor.