Loading...
HomeMy WebLinkAboutContract 64046Vendor Services Agreement Page 1 of 21 VENDORSERVICESAGREEMENT 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, acting by and through its duly authorized Assistant City Manager, and Berry, Dunn, McNeil & Parker, LLC, acting by and through its duly authorized representative, each individually referred to as a “party” and collectively referred to as the “parties.” 1. Scope of Services. The Consultant will assist the City in the development of a comprehensive Strategic Plan for a modern public library. The Plan will be rooted in service design and strategicplanningbest practices, as outlined in the Consultant’s proposal, Vendor will provide theCitywith consulting services concerning its public library strategic plan (“Services”), which are set forth in more detail in Exhibit “A”– Scope of Services, attached hereto and incorporated herein for all purposes. 2. Term. The term of this Agreement is for (1) year, beginning on the date that this Agreement is executed by the City’s Assistant City Manager below (“Effective Date”), unless terminated earlier in accordance with this Agreement. City will have no renewal options. 3. Compensation. 3.1 Total compensation under this Agreement will not exceed Three hundred fifty thousand dollars and no cents ($350,000.00). 3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and the provisions of this Agreement, including Exhibit “B”– Payment Schedule, which is attached hereto and incorporated herein for all purposes. 3.3 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. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days’ written notice of termination. Either party may terminate this Agreement upon written notice to the other party in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party; provided, however, that the terminating partyhas first given the other party written notice of the reason for such termination and the other party has failed to cure or rectify the issue or matter within fifteen (15) days of receipt of such notice. 4.2 Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which Vendor Services Agreement Page 2 of 21 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 Obligations 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 data to City in a machine-readable format or other format deemed acceptable to City. 5.Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it 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. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all records held or maintained for City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure to the Texas Attorney General. 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 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.Right 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 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 Vendor Services Agreement Page 3 of 21 and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, 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 any officers, agents, servants, employees, contractors, or subcontractors. 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, or contractors. 8.Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, 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, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – VENDOR AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR ACTION AGAINST CITY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY’S USE OF THE SOFTWARE 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 Vendor Services Agreement Page 4 of 21 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 AND AS CITY'S SOLE REMEDY, EITHER: (A) PROCURE FOR CITY THE RIGHT TO CONTINUE TO USE THE SOFTWARE AND/OR DOCUMENTATION; OR (B) MODIFY THE SOFTWARE AND/OR DOCUMENTATION TO MAKE IT NON-INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT MATERIALLY ADVERSELY AFFECT CITY'S AUTHORIZED USE OF THE SOFTWARE AND/OR DOCUMENTATION; OR (C) REPLACE THE SOFTWARE AND DOCUMENTATION WITH EQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON-INFRINGING SOFTWARE AND 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. 9.Assignment and Subcontracting. 9.1 Assignment. 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 and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, 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: 10.1 Coverage and Limits (a)Commercial General Liability: $1,000,000 - Each Occurrence Vendor Services Agreement Page 5 of 21 $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 be any vehicle owned, hired and non-owned. (c)Worker’s Compensation: Statutory limits according to the Texas Workers’ Compensation Act or any other state workers’ compensation laws where the 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 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. 10.2 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 in respect to the contracted services. (b)The workers’ compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c)A minimum of Thirty (30) days’ notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days’ notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 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 Vendor Services Agreement Page 6 of 21 in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e)Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f)Certificates of Insurance evidencing that 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 Regulations. 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 of the consideration herein, 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: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney’s Office at same address To VENDOR: BERRY DUNN MCNEIL & PARKER LLC CHAD SNOW, CHIEF STRATEGY & GROWTH OFFICER 2211 CONGRESS STREET PORTLAND, MAINE 04102 14. Solicitation of Employees. 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 person's employer. 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. Vendor Services Agreement Page 7 of 21 15. Governmental Powers.It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16.No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein 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.Severability. 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 Majeure. 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 the notice section of this Agreement. 20.Headings Not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intendedto define or limit the scope of any provision of this Agreement. 21.Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement, Exhibit A, and Exhibit B. 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, which is executed by an authorized representative of each party. 23.Entirety of Agreement. This Agreement, including Exhibits A and B, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Vendor Services Agreement Page 8 of 21 24. 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. 25.Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor’s option, Vendor 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. 26.Immigration and Nationality 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 Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, 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. 27.Ownership 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, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28.Signature Authority. 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. 29.Change in Company Name or Ownership. Vendor must notify City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact invoice payments. Vendor Services Agreement Page 9 of 21 30. No Boycott 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” has the meanings ascribed to those terms in Chapter 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. 31.Prohibition on Boycotting Energy Companies. 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 2276 of the Texas Government Code, the 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 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 the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32.Prohibition on Discrimination Against Firearm and Ammunition Industries. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the 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 Vendor 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 the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 33.Electronic Signatures. 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 or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. (signature page follows) (remainder of this page intentionally left blank) Vendor Services Agreement Page 10 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Name: Dana Burghdoff Title: Assistant City Manager Date: VENDOR: Berry, Dunn, McNeil & Parker, LLC By: Name: Chad Snow Title:Chief Strategy & Growth Officer Date: FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: Name: Midori Clark Title: Library Director Attest: By: Name: Jannette Goodall Title: City Secretary Contract Authorization: M&C:M&C 25-0844 Date M&C Approved:September 16, 2025 Form 1295 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: Jessica Dean Title: Administrative Services Manager Approved as to Form and Legality: By: Name: Taylor C. Paris Title: Sr. Assistant City Attorney 1295 Approved: Vendor Services Agreement Page 11 of 21 EXHIBIT A SCOPE OF SERVICES Purpose The Consultant will assist the City in the development of a comprehensive Strategic Plan for a modern public library. The Plan will be rooted in service design and strategic planning best practices, as outlined in the Consultant’s proposal. The resulting Plan will be aspirational in vision, practical in implementation, and responsive to the evolving needs of the community within a dynamic information landscape. The full scope of services, deliverables, and methodology is detailed in this Exhibit A, which forms the basis of this engagement. Scope of Work: Project Understanding The Fort Worth Public Library serves a rapidly growing and diverse population, positioning itself as a cornerstone for learning, connection, and civic engagement. Recognizing the City's dynamic evolution, FWPL aims to develop a strategic plan that not only aligns with Fort Worth's broader goals but also addresses the unique needs of its communities. A key component of this strategic vision is robust community engagement. FWPL's dedicated Education and Outreach team exemplifies this commitment by actively participating in community events, reducing barriers to access, and extending library services beyond traditional settings. Their efforts have led to significant community interactions, including attendance at over 256 events and direct engagement with nearly 25,000 residents. In tandem with community outreach, FWPL places a strong emphasis on DEI. Initiatives like the Amplify817 program that highlights local artists, celebrating Fort Worth's rich cultural tapestry and helping to ensure that there is representation within the Library's offerings. Furthermore, the Library's strategic focus areas—such as Customer Engagement, Arts & Culture, and Community Vitality—underscore its dedication to creating inclusive spaces that reflect and serve the diverse demographics of Fort Worth. Our approach to developing FWPL's strategic plan will be deeply rooted in these principles. We will employ inclusive engagement strategies, helping to ensure that voices from all community segments are heard and integrated. By aligning with FWPL's existing initiatives and values, the strategic plan will serve as a roadmap for equitable growth, innovation, and sustained community impact. Work Plan A high-performing library’s strategic plan establishes a framework for the future with measurable objectives that guide the implementation of resources and services in alignment with the shared mission, vision, and varied community needs across the library and associated branches. Most importantly, the strategic plan will aspire to maximize value and benefits to all stakeholders. As part of the initial planning process, we also expect to work with the City to define a Strategic Task Force made up of the perspectives and voices that represent staff and community needs. Our team will engage these stakeholders in ways that will maximize innovation, inspire Vendor Services Agreement Page 12 of 21 collaboration, and create consensus for a future vision. The final plan isn’t meant to sit on a shelf—it should be designed to guide the City to implement positive changes on an ongoing basis. Our approach, illustrated below and described on subsequent pages, offers the following attributes: Amethodology based on our extensive experiencedeveloping similar library strategic plans Quality assurance(QA) processes that incorporate Cityreviewandapproval ofall deliverables and key milestones Built-in project management and change management best practices that focus on keeping the project on time and on budget, and progressing at a healthy pace for stakeholders to give input in the fact-finding process, and understand final recommendations Phase 1 Initial Project Planning 1.1 Conduct Initial Planning Call. We will conduct an initial planning call with Library leadership to confirm project goals, roles, and expectations, and to discuss key objectives and deliverables for the strategic planning process. 1.2 Develop a Work Plan and Schedule. We will then develop a Work Plan and Schedule and facilitate a work session (via web conference) to review the plan and schedule with the City’s project team before updating to final. Deliverable 1: Work Plan and Schedule 1.3 Facilitate Kickoff Meeting. We will facilitate an in-person project kickoff meeting with the Library’s project team, Library leadership, and key stakeholders. This meeting will serve as an opportunity to introduce our team members, discuss project goals, present our approach and methodology, review the schedule of key project dates, and gain organizational insights into project goals, priorities, and considerations. During the kickoff, we will also seek input to establish a Strategic Planning Task Force of 9 to 12 members (or more if needed), representing a cross-section of the community and FWPL, to provide visioning ideas and community-driven insight throughout the project. Deliverable 2: Kickoff Meeting 1.4 Conduct Ongoing Project Management Activities Through Regular Project Status Updates. Throughout the project, our project manager will provide status reports that describe the activities and accomplishments for the reporting period, plans for the upcoming week, risks or issues encountered during the reporting period, and anticipated problems that might impact any project deliverable. Phase 2 Environmental Scan and Engagement Planning 2.1 Conduct an In-Depth Data Review. To inform the strategic planning process, we will begin by submitting an information request to gather background on City and Library plans, operations, Vendor Services Agreement Page 13 of 21 and structure. This review will include budget, performance, history, organizational charts, staffing policies, usage data, service locations, and facility size and space documentation, helping us build a solid foundation for developing meaningful strategic initiatives. 2.2 Conduct a Benchmark Analysis. We will conduct a benchmarking analysis in collaboration with Library staff to identify appropriate peer libraries and select key metrics for comparison, providing context for strategic decision-making and highlighting opportunities for growth and innovation. 2.3 Demographics and Drivetime Analysis. We will conduct a demographics and drivetime analysis for the overall Library service area and each Library location to better understand community characteristics, service reach, and potential gaps in access. 2.4 Assess Library Programming. We will review up to three years of Library programming data to identify trends, participation patterns, and key comparisons that will inform future program planning and strategic priorities. 2.5 Prepare and Present an Environmental Scan Summary. We will develop and present an Environmental Scan Summary that synthesizes internal and external factors—including community demographics, service trends, benchmarking insights, and organizational data—to provide context for strategic planning and identify opportunities and challenges for the Library. Deliverable 3: Environmental Scan Summary 2.6 Develop a Thorough Engagement Strategy. We will develop a thorough Engagement Strategy tailored to Fort Worth’s culture and identity, emphasizing DEI. The strategy will outline both virtual and in-person engagement options, describe methods for community involvement, and identify key stakeholders. It will also include a schedule for public input events and surveys, coordinate stakeholder input activities, and specify plans for targeted stakeholder interviews and focus groups to help ensure broad representation and equitable access. Deliverable 4: Engagement Strategy 2.7 Develop and Administer Social Pinpoint Site. We will utilize tools and technology that will help encourage collaboration with the City’s internal and external stakeholders. We will start by creating a customized project website to engage community and staff. This site will reflect the exact goals, needs, objectives, and background for the in-scope assessment, and it will be built thoughtfully and speak to the culture of the organization and the greater community. Within this page, visitors will have access to surveys, forums, and idea walls, where they can provide feedback in whichever format (and from wherever) they feel most comfortable. We will also be able to track analytics and progress in real-time, promote participation, and set up email notifications to help ensure that, even in a remote environment, effective engagement activities will take place. Phase 3 Community and Staff Engagement 3.1 Conduct Public Engagement Activities. We will conduct a public engagement process that includes a variety of accessible methods, such as community meetings, surveys, and online platforms, to gather input from a diverse cross-section of the community. This process will help Vendor Services Agreement Page 14 of 21 ensure that all voices are heard, with a particular focus on reaching underserved populations, and will inform the development of the strategic plan. Optional Task: Conduct a Statistically Valid Survey. We are aware that ETC Institute has conducted previous community surveys for the City. If the City wishes, we will conduct an optional, statistically valid survey to gather additional quantitative data on community preferences, needs, and perceptions. The number of surveys to be conducted will be determined based on the City’s preferences and requirements, helping ensure that the survey provides reliable, representative insights to inform the strategic planning process. Deliverable 5: Community Engagement 3.2 Conduct Internal Engagement Activities. We will conduct an internal engagement process with significant input from all levels of Library staffing to gather insights, identify organizational priorities, and help ensure alignment with the strategic planning process. This will include methods such as internal stakeholder interviews, focus groups, drop-in conversations, passive information- gathering stations, and an internal survey, fostering collaboration and helping ensure the final plan reflects the needs and goals of Library staff, leadership, and key internal stakeholders. Deliverable 6: Internal Engagement 3.3 Form a Community Task Force. We will form a Community Task Force that represents external stakeholders from across the community. This task force will meet two times during the strategic planning process to provide valuable community perspectives on key elements of the plan, informed by data collected through the environmental scan and community engagement activities. 3.4 Form a Staff Task Force. We will form a Staff Task Force representing Library staff from various levels and locations. This task force will meet two times during the strategic planning process to provide staff perspectives on key elements of the plan, informed by data collected through the environmental scan, community survey, and staff survey. 3.5 Facilitate Community Task Force Meeting #1. The purpose of the first meeting will be to review initial findings from the public engagement and Environmental Scan. During this meeting, the Community Task Force will provide input on community perceptions of the strengths and challenges within the Fort Worth community, the role of the FWPL, and key elements for the future of Library services. Deliverable 7: Facilitate Community Task Force Meeting #1 3.6 Conduct Staff Task Force Meeting #1. In the first Staff Task Force meeting, we will review initial findings from the public engagement, Environmental Scan, and Community Task Force Meeting #1. The Staff Task Force will then provide input on staff perceptions of the strengths and challenges in the Fort Worth community and Library, the role of FWPL in the community, and key elements for the future of Library services. This meeting will help define the role of the City and identify services and amenity focus areas. To prepare for the next Community Task Force session, our team will process the findings from the last two meetings and present common themes and results so far. Deliverable 8: Facilitate Staff Task Force Meeting #1 Vendor Services Agreement Page 15 of 21 Phase 4 Strategic Plan Creation 4.1 Facilitate Leadership Strategic Planning Workshop. We will facilitate a strategic planning workshop with Library leadership to collaboratively develop the Library’s vision, values, mission, and key areas of focus for the strategic plan. This workshop will serve as a foundational step in aligning leadership on the direction and priorities for FWPL’s future. Deliverable 9: Leadership Strategic Planning Workshop 4.2 Conduct Staff Strategic Planning Engagement. We will develop and administer a staff survey to gather input on the draft vision, values, mission, and areas of focus for the upcoming strategic plan. In addition, host a series of workshops with staff groups to inform them of these draft elements, foster discussions, and collect feedback. During the workshops, staff will be encouraged to provide input on the alignment of these elements with their experiences and perspectives, as well as to propose recommended action items for each of the identified areas of focus. This process will help ensure that staff voices are integrated into the strategic planning process and contribute to actionable, informed recommendations. Deliverable 10: Staff Strategic Planning Engagement 4.3 Create Draft Strategies. The consultant team will work closely with Library leadership to organize the actions identified by staff into cohesive strategies, each with clear goals and measurable performance indicators. This collaborative process will help ensure that the proposed actions are aligned with the Library’s priorities and provide a roadmap for successful implementation and evaluation. 4.4 Facilitate Community Task Force Meeting #2. We will facilitate Community Task Force Meeting #2 to review the findings from the engagement process and environmental scan and gather insights on the community’s priorities for the Library’s vision, values, mission, areas of focus, and recommended action items. This meeting will provide an opportunity to help ensure the strategic plan reflects the community’s needs and aspirations. Deliverable 11: Facilitate Community Task Force Meeting #2 4.5 Facilitate Staff Task Force Meeting #2. We will facilitate Staff Task Force Meeting #2 to review the findings from the engagement process and Environmental Scan and gather staff insights on priorities for the Library’s vision, values, mission, areas of focus, and proposed action items. This meeting will help ensure staff perspectives are integrated into the development of the strategic plan. Deliverable 12: Facilitate Staff Task Force Meeting #2 4.6 Develop a Draft Strategic Plan and Strategic Plan in Brief. We will develop a professionally designed, well- organized, and visually appealing draft of the Strategic Plan and a concise, accessible Strategic Plan in Brief for FWPL. These documents will be crafted for easy review, helping ensure they effectively communicate the Library’s vision, goals, and strategic priorities. Deliverable 13: Draft Strategic Plan and Strategic Plan in Brief Vendor Services Agreement Page 16 of 21 4.7 Develop a Final Strategic Plan and Strategic Plan in Brief. We will incorporate the feedback and edits from the review of the draft Strategic Plan and Strategic Plan in Brief into the final versions of both documents, ensuring they are polished, aligned with stakeholder input, and ready for presentation. Deliverable 14: Final Strategic Plan and Strategic Plan in Brief 4.8 Develop Present Final Strategic Plan. We will present the final Strategic Plan to the Library Board of Trustees and any other relevant boards within the City, helping ensure a detailed overview of the plan's goals, strategies, and key recommendations. Phase 5 Implementation and Evaluation 5.1 Create a Work Plan. We will collaborate with staff to develop a detailed Work Plan that outlines action items for each strategy in the Strategic Plan, aligning them with FWPL’s management priorities. The Work Plan will include responsible owners for each action item, time frames for completion, required resources, and performance metrics to help ensure effective implementation and tracking of progress. Deliverable 15: Work Plan 5.2 Develop Online Work Plan Dashboard. We will develop an interactive dashboard in Power BI based on the Work Plan document to visually track and monitor the progress of action items in the Strategic Plan. The dashboard will include key metrics, timelines, and status updates for each action item, providing an accessible and dynamic way for stakeholders to view the plan’s implementation. To help ensure accuracy and relevance, our team data analysts, Dante and Becky, will collaborate with the City and FWPL to gather description and example graphics that will inform the dashboard’s design and data visualization elements. Vendor Services Agreement Page 17 of 21 Deliverable 16: Online Work Plan Dashboard 5.3 Facilitate an Implementation Workshop. We will facilitate an implementation workshop with Library staff to review best practices and strategies for effectively deploying the Strategic Plan. The workshop will focus on how to utilize the developed Work Plan to drive action, help ensure accountability, and track progress. Participants will learn how to manage key tasks, monitor performance, and align their day-to-day operations with the strategic objectives. The session will also provide opportunities for staff to ask questions, share insights, and develop a clear understanding of their roles in the plan’s successful execution. Deliverable 17: Implementation Workshop Schedule Below, we have outlined a suggested schedule of the proposed tasks in our work plan. During initial planning, we expect to review key dates and tasks with the City and confirm a project timeline that complements staff time off and other community events that are relevant to project progress. Table 1: Strategic Planning Proposal Schedule Deliverable # Task/Activity Week Month(s) Phase 1: Initial Project Planning Initial Planning Call Week 1 June 2025D1 Work Plan and Schedule Development Week 1 D2 Kickoff Meeting Week 2 Project Management Ongoing Vendor Services Agreement Page 18 of 21 Deliverable # Task/Activity Week Month(s) Phase 2: Environmental Scan and Engagement Planning Data Review June toSeptember 2025 Benchmarking Analysis Demographics and Drivetime Analysis Programming Assessment D3 Environmental ScanSummary D4 Engagement Strategy Social Pinpoint Website Project Management Ongoing Phase 3: Community and Staff Engagement D5 Community Engagement August to October 2025 D6 Internal Engagement Form Community Task Force Form Staff Task Force D7 Facilitate Community Task Force Meeting #1 D8 Facilitate Staff Task Force Meeting #1 Project Management Ongoing Phase 4: Strategic Plan Creation D9 Leadership Strategic Planning Workshop November 2025 to April 2026 D10 Staff Strategic Planning Engagement Draft Strategies D11 Facilitate Community Task Force Meeting #2 D12 Facilitate Community Task Force Meeting #2 D13 Draft Strategic Plan and Strategic Plan in Brief D14 Final Strategic Plan and Strategic Plan in Brief Present Strategic Plan Project Management Ongoing Phase 5: Implementation and Evaluation D15 Work Plan April 2026 D16 Online Work Plan Dashboard D17 Implementation Workshop Project Management Ongoing Vendor Services Agreement Page 19 of 21 Schedule of Costs Table 2 presents our proposed fee to complete the scope of work as outlined in the RFP. We propose a firm, fixed fee inclusive of all time, materials, and travel. These costs were developed based on the following factors: Our detailed work plan narrative presented in this proposal Our thorough deliverablereview and quality management processes Our staffing plan and resource allocation, which provides the City with the appropriate number of resources and a level of expertise to complete the tasks defined in the RFP Our experience conducting projects of similar scope and size An important aspect of our consulting style is working to truly meet our clients’ needs and designing our scope of services around a firm fixed fee to help avoid change orders. It is natural for project needs to evolve during and after a project, and the City can depend on our team to adapt and find creative solutions that contribute to success. Additionally, we are available to serve in a trusted advisor role even after the project’s formal end to answer follow-up questions for a successful, long-term implementation. Table 2: Strategic Planning Proposed Fees Deliverable # Task/Activity Cost Total Phase 1: Initial Project Planning $8,132 Initial Planning Call $280 D1 Work Plan and Schedule Development $1,120 D2 Kickoff Meeting $4,588 Project Management $2,144 Phase 2: Environmental Scan and Engagement Planning $37,140 Data Review $2,760 Benchmarking Analysis $5,240 Demographics and Drivetime Analysis $4,360 Programming Assessment $3,048 D3 Environmental Scan Summary $6,480 D4 Engagement Strategy $2,796 Social Pinpoint Website $7,480 Project Management $4,976 Phase 3: Community and Staff Engagement $77,300 D5 Community Engagement $20,480 D6 Statistically Valid Survey (Optional)* $28,000 D7 Internal Engagement $12,440 Vendor Services Agreement Page 20 of 21 Deliverable # Task/Activity Cost Total Form Community Task Force $280 Form Staff Task Force $280 D8 FacilitateCommunityTaskForceMeeting #1 $2,704 D9 Facilitate Staff Task Force Meeting #1 $2,704 D10 Engagement Summary $5,360 Project Management $5,052 Phase 4: Strategic Plan Creation $37,700 D11 Leadership Strategic Planning Workshop $4,912 D12 Staff Strategic Planning Engagement $8,496 Draft Strategies $2,800 D13 Facilitate Community Task Force Meeting #2 $4,384 D14 Facilitate Community Task Force Meeting #2 $2,704 D15 Draft Strategic Plan $6,800 D16 Final Strategic Plan $3,188 Present Strategic Plan $1,120 Project Management $3,296 Phase 5: Implementation and Evaluation $14,508 D17 Work Plan $6,140 D18 Dashboard $4,640 D19 Implementation Workshop $2,672 Project Management $1,056 Grand Total $174,780 Vendor Services Agreement Page 21 of 21 EXHIBIT B PAYMENT SCHEDULE City will pay Vendor for Services performed pursuant to this Agreement up to a total amount not to exceed $350,000.00. 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. Prior to submitting an invoice to the City for payment of the applicable Services, Vendor must verify the quality of Services performed. On or before the 10th day of each month of this Agreement, the Vendor will provide the City with a fee invoice summarizing: (i) the Service(s) that have been completed; (ii) purchase order number, and (iii) requesting payment. Vendor must provide the City with an invoice in order to be paid. Invoices must be submitted to Supplierinvoices@fortworthtexas.gov. If the City requires additional reasonable information, it will request the same promptly after receiving the above information, and the Vendor must provide such additional reasonable information to the extent the same is available. The City will review and inspect all Services to determine their acceptability. If the City rejects the submission, it will notify the Vendor in writing as soon as the determination is made, listing specific reasons for rejection. The Vendor will have ten (10) days to correct any deficiencies, unless otherwise agreed by the Parties in writing. Payment to the Vendor will not be authorized unless the City accepts the Services in writing, such payment may be evidenced by the City issuing payment to the Vendor. The City’s acceptance will not be unreasonably withheld. CITY COUNCIL AGENDA Create New From This M8�C F��T��o�7�� -��- REFERENCE **M&C 25- 13P RFP 25-0117 CONSULTING DATE: 9/16/2025 NO.: 0844 LOG NAME: SERVICES FOR PUBLIC LIBRARY JC LD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with Berry, Dunn, McNeil & Parker, LLC for Consulting Services to Provide a Public Library Strategic Plan in an Amount Up to $350,000.00 for the Library Department RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Berry, Dunn, McNeil & Parker, LLC for consulting services to provide a public library strategic plan in an amount up to $350,000.00 for the Library Department. DISCUSSION: The purpose of this M&C is to secure an agreement for consulting services for developing a strategic plan to modernize the City's public libraries. Every five years, the Library Department engages a consultant to ensure its facilities stay current and meet community needs. To procure these services, Purchasing issued Request for Proposal (RFP) 25-0117, which outlined detailed elements for the strategic plan. These elements include but are not limited to; creating a plan for community and staff engagement, reviewing current Library programs and services, issuing recommendations on improvements or discontinuation of services, detailing timeline and action plans for the City to complete and implement over a span of five (5) years, recommendations for communication and marketing strategies to promote Library services and programs, and cost breakdown by phase or milestone of the strategic plan. The RFP was advertised in the Fort Worth Star-Telegram every Wednesday on April 2, 2025, April 9, 2025, April 16, 2025, April 23, 2025, and April 30, 2025. The City received ten (10) responses. An evaluation panel, made up of staff from the Library and Property Management Department, reviewed and scored the submittals using Best Value criteria. Scores were averaged for each of the criteria and the top four Proposers were invited for interviews. Final scores are shown in the table below. Proposer �� Evaluation Factors Berry, Dunn, McNeil & Parker, LLC LibrarylQ Lord Cultural Resources Baker Tilly Advisory Group, LP Total a b c d � 15.00 27.00 32.67 15.33 90.00 14.17 20.00 25.67 15.33 75.17 10.63 12.00 15.17 14.67 52.47 9.53 II 10.00 II 12.83 II 8.00 The RFP outlined the following evaluation factors: a. Cost b. Approach to Perform Services c. Ability to meet the City's needs d. Qualifications and Experience After completing the evaluation, the panel concluded that Berry, Dunn, McNeil & Parker, LLC offered the best value to the City. As a result, the panel recommends that City Council authorize an agreement with Berry, Dunn, McNeil & Parker, LLC. No guarantee was made that a specific amount of these services would be purchased and Staff certifies that the recommended vendor's proposal meets all required specifications. FUNDING: The maximum annual amount allowed under this agreement will be $350,000.00; however, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in Other Contractual Services account within the General Fund for the Library Department. 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. AGREEMENT TERMS: Upon City Council approval this agreement shall begin upon execution and expire one year from that date. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Library Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department _ ID FROM Fund Department ID Account Project ID Account Project ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program � Activity Program Budget Reference # Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Dana Burghdoff (8018) Reginald Zeno (8517) Midori Clark (7707) Brandy Hazel (8087) Jaysea Coates (6159) 13P RFP 25-0117 CONSULTING SERVICES FOR PUBLIC LIBRARY JC LD.docx (CFW Internal) Berry, Dunn, McNeil, Parker LLC 1295.pdf (CFW Internal) Berry, Dunn, McNeil, Parker LLC SAMs 7.1.25.pdf (CFW Internal) Berry,, Dunn, McNeil, Parker LLC SOS 7.1.25.pdf (CFW Internal) FID Table Strategic Plan.xlsx (CFW Internal)