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HomeMy WebLinkAboutContract 46011 CITY SECRETARY CONM N�O CT . Q( PROFESSIONAL SERVICES AGREEMENT T is PROFS ZONAL SERVICES AGREEMENT("Agreement") is made and entered into on 2014("Effective Date")by and between the City of Fort Worth("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Golf Convergence, Inc. ("Consultant"), a Colorado corporation, acting by and through James J. Keegan, its duly authorized President. City and Contractor shall collectively be referred to as the`Parties." WHEREAS, the City owns and operates four golf courses within the City of Fort Worth, including Pecan Valley located at 6400 Pecan Drive, Rockwood located at 1851 Jacksboro Highway, Sycamore Creek located at 401 Martin Luther King,Jr.Freeway, and Meadowbrook located 1815 Jenson Road(collectively referred to herein as"Golf Courses"); WHEREAS, Consultant is a consortium of leading golf experts whose missions is "to ensure your vision becomes reality"by working with its customers to create an outcome-based business plan and leading its customers through the implementation of such plan to ensure precise operational execution; WHEREAS, Consultant has proposed to create data, insights, and perspectives appropriate to facilitate City personnel in creating a five-year strategic business plan with annual budgets for the operation of the Golf Courses; WHEREAS, City has evaluated Consultant's proposal and wishes to hire consultant to provide such services in accordance with the terms stated herein;and NOW,THEREFORE,in consideration of the mutual covenants herein expressed,the parties agree as follows: 1. SCOPE OF SERVICES. 1.1 Consultant hereby agrees to provide the City with professional services for the purpose of creating data, insights, and perspectives necessary to facilitate City personnel in creating a five-year strategic business plan with annual budgets for the operation of the Golf Courses. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Services and Deliverables,more specifically describing the services to be provided hereunder("Services"). 2. TERM. 2.1 Unless terminated earlier in accordance with the provisions herein,this Agreement shall commence on the Effective Date and expire on November 30, 2014 or upon completion of all of the Services to be provided hereunder by Consultant,whichever is earlier. M 3. COMPENSATION. C-) M 3.1 The City shall pay Consultant Seven Thousand Five Hundred Dollars and No Cents < ($7,500.00)within thirty(30)days after the Effective Date of this Agreement. M v 0 0 of OFFICIAL RECORD CITY SECRETARY Professional services Agreement with Golf Convergence,Inc. FT.WORTH,It"1 3.2 Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Termination for Convenience. 4.1.1 The City may terminate this Agreement for its convenience upon ten (10) days written notice to Consultant. Upon receipt of such notice, Consultant shall immediately discontinue all Services and work and the placing of all orders or the entering into of contracts for all supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. If the City terminates this Agreement under this section,the Consultant shall reimburse the City on a pro rata basis for any Services that Consultant did not perform prior to such termination. 4.1.2 Consultant may, for any reason, terminate this Agreement upon thirty (30) days written notice to the City. Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement on or before the effective date of termination. If the Consultant terminates this Agreement under this section,Consultant shall reimburse the City all payments made to Consultant by the City under this Agreement. 4.2 Termination for Cause. The City may terminate this Agreement for cause in the event Consultant fails to perform in accordance with the terms and conditions contained herein. In such event, the City shall give Consultant written notice of Consultant's failure to perform,giving Consultant fourteen (14) calendar days to come into compliance with the Agreement's requirements. If Consultant fails to come into compliance with this Agreement, City shall notify Consultant, in writing, and this Agreement shall be terminated as of the date of such notification. Termination of this Agreement under this provision shall not relieve the Consultant of any damages resulting from a breach or a violation of the terms of this Agreement. In the event City terminates for cause,Consultant shall reimburse the City all payment made to Consultant by the City under this Agreement, in addition to any other rights and remedies available to the City. 4.3 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.4 Upon termination of this Agreement for any reason, Consultant shall provide the City with originals and copies of all completed or partially completed work prepared under this Agreement within thirty (30) calendar days after the effective date of termination, unless otherwise stated in this Agreement. Professional Services Agreement with Golf Convergence,Inc. 2 of I 1 5. OWNERSHIP OF DOCUMENTS UNDER THIS AGREEMENT. 5.1 All documents, reports, and other work product of Consultant, whether in hard copy or electronic form,that are created pursuant to this Agreement are instruments of service hereunder, whether the Services are complete or not. The City shall own and be entitled to access, review and copy any and all portions of the documents,reports,and other work product of Consultant at all times. 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 6.1 Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 7. RIGHT TO AUDIT. 7.1 Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement,have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. 8. INDEPENDENT CONTRACTOR. 8.1 It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 9. LIABILITY AND INDEMNIFICATION. 9.1 CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,PROPERTY DAMAGE AND/OR 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 Professional Services Agreement with Golf Convergence,Inc. 3 of I I NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 9.2 CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING, BUT NOT LIMITED TO, ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO,DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, WILFULL MISCONDUCT, OR MALFEASANCE OF CONSULTANT, AND ITS OFFICERS, AGENTS, SERVANTS, SUBCONTRACTORS, OR EMPLOYEES. 10. ASSIGNMENT AND SUBCONTRACTING. 10.1 Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 11. INSURANCE. 11.1 Consultant shall provide the City with certificate(s)of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 11.1.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Professional Services Agreement with Golf Convergence,Inc. 4 of l l Agreement. "Any vehicle" shall be any vehicle owned, hired and non- owned (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease-per each employee $500,000 Disease-policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Professional Liability(Errors&Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two(2)years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. 11.1.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All policies except Workers' Compensation and Professional Liability shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The term City shall include its employees,officers,officials,agent,and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten(10)days' notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager,City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas 76102, with copies to the City Attorney at the same address. 12. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Professional services Agreement with Golf Convergence,Inc. 5 of 11 CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 9.2 CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING, BUT NOT LIMITED TO, ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS,OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, WILFULL MISCONDUCT, OR MALFEASANCE OF CONSULTANT, AND ITS OFFICERS, AGENTS, SERVANTS, SUBCONTRACTORS, OR EMPLOYEES. 10. ASSIGNMENT AND SUBCONTRACTING. 10.1 Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 11. INSURANCE. 11.1 Consultant shall provide the City with certificate(s)of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 11.1.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) 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 Professional Services Agreement with Golf Convergence,Inc. 4 of 11 f other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two(2)years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. 11.1.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City by the Consultant within 10 days of executing this Agreement. The Commercial General Liability and Professional Liability policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten(10)days' notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 12. COMPLIANCE WITH LAWS,ORDINANCES,.RULES AND REGULATIONS. 12.1 Consultant agrees to comply with all applicable federal, state and local laws,ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations,Consultant shall immediately desist from and correct the violation. 13. NON-DISCRIMINATION COVENANT. 13.1 Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law including Chapter 17, Article III of the Code of the City of Fort Worth. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 14. NOTICES. 14.1 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered by the other party by United States Mail, registered, return receipt requested,addressed as follows: To The CITY: To CONSULTANT: City of Fort Worth Golf Convergence,Inc. Attn:Assistant City Manager Attn:J.J.Keegan 1000 Throckmorton Street 4215 Morningstar Drive Fort Worth,TX 76102-6311 Castle Rock,CO 80108 Professional Services Agreement with Golf Convergence,Inc. 5 of I I With Copy to: City Attorney Same address 15. SOLICITATION OF EMPLOYEES. 15.1 Neither the City nor Consultant shall,during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer. 16. GOVERNMENTAL POWERS. 16.1 It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 17. NO WAIVER. 17.1 The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW/VENUE. 18.1 This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 19. SEVERABILITY. 19.1 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. 20.1 The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to,compliance with any government law,ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Professional Services Agreemcnt with Golf Convergence,Inc. 6 of 11 21.1 Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. REVIEW OF COUNSEL. 22.1 The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 23. AMENDMENTS/MODIFICATIONS/EXTENSIONS. 23.1 No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension,modification,or amendment is set forth in a written instrument,which is executed by an authorized representative and delivered on behalf of such party. 24. ENTIRETY OF AGREEMENT. 24.1 This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference,contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to 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. 25. SIGNATURE AUTHORITY. 25.1 The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH: GOLF CONVERGENCE,INC. By: By: S san Alanis James J.eegan Assistant City Manager residen Date: Date: Professional Services Agreement with Golf Convergence,Inc. 7 of It APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney[ jk F 0) � AT e u9 8� City S °o 0°�%00000000 AS CONTRACT AUTHORIZATION: No M&C Necessary OFFICIAL RECORD CITY SECRETARY Professional Services Agreement with Golf Convergence,Inc. FT. WOR 1 I ,'tX EXHIBIT A SCOPE OF SERVICES AND DELIVERABLES 1. Goals and Obiectives a. Consultant shall create for the City of Fort Worth Parks & Community Services Department("Department")all relevant data, insights and perspectives appropriate to facilitate City personnel in creating a five-year strategic business plan with annual budgets with regard to the operation of the Golf Courses. b. As part of the five-year strategic business plan, recommendations regarding the City's golf operations' future viability and profitability shall be incorporated regarding the continued operation of the Golf Courses as they currently exist or the continued operation of the Golf Courses with changes that will improve the financial viability and profitability of the Golf Courses. 2. Method of Delivery a. Consultant shall conduct seven 1-hour community webinars from September 16, 2014 through October 31, 2014 and a minimum of eight additional 1-hour private webinars for the management and staff of the Department to fully accomplish the goals and objectives contained herein. 3. Research Methodology and Process a. Consultant shall undertake its obligations herein by executing the following seven step process of evaluation,each of which are detailed below in subsequent sections: i. Local market analysis; ii. Weather playable days review; iii. Technology assessment; iv. Financial benchmarking historical performance; V. Measuring deferred capital expenditures and appropriate annual maintenance budgets; vi. Evaluate operational procedures and the quality of the customer experience provided at the Golf Courses; and vii. Undertake a survey of folfers to assess their habits, preferences and customer loyalty. b. To properly complete this analysis, Consultant shall provide City with 21 templates to assess each of the components listed above and shall guide the management and staff of the Department to properly measure the City's golf operations through the use of the templates. 4. Local Market Analysis a. Consultant shall evaluate the demographic profile regarding the economic potential for a golf course within a 10 miles radius of each of the Golf Courses, considering the MOSAIC Professional Services Agreement with Golf Convergence,Inc. 9 of 11 profile,age, income,ethnicity,and the number of golfers per 18 holes within each those markets. b. Consultant shall identify competitors within the Fort Worth metroplex by type of facility,national price index, number of holes,year-opened,and number of tees on range. C. Consultant shall determine the demand versus supply for golf within each defined market place. d. Consultant shall evaluate the vision and mission statements for each of the Golf Courses to ascertain the compatibility of the market place to the customer experience provided on a 5 point scale of 5 Star(Platinum),4 Star(Gold),3 Star(Silver),2 Star(Bronze)and 1 Star(Steel). 5. Weather Playable Days a. Consultant shall provide a written analysis of the number of playable golf days for the past decade for the Golf Courses and the extent to which the Golf Courses under or over performed against the weather. b. Consultant shall ensure that the City has 12 months of access to the Weather Trends International Weather Forecasting service. 6. Technolofy a. Consultant shall evaluate the technology currently installed at the Golf Courses to assess if they have been efficiently integrated and are properly leveraged. b. Consultant shall evaluate the cost of any current software vendor's applications in relationship to the value received. 7. Financial Review a. Consultant shall benchmark the financial performance of the Golf Courses against industry norms. b. Consultant shall review adequacy of the City's golf budget and analyze how it is being appropriated. C. Consultant shall prepare a five-year consolidated cash flow forecasts using 60 controllable variables. d. Consultant shall establish the current green fee price for each of the Golf Courses based on an analysis of the strategic elements, conditioning, grass texture, ambience and amenities provided to the golfers. Professional Services Agreement with Golf Convergence,Inc. 10 of 11 e. Consultant shall ascertain the recommended pricing for annual passes and punch-pass tickets at each of the Golf Courses. S. Maintenance and Agronomic Practices a. Consultant shall evaluate the asset management and practices and capital investment plan for each of the Golf Courses. b. Consultant shall recommend improvements to maintenance management practices of course and equipment for each of the Golf Courses. C. Consultant shall review and suggest (if found) changes to the annual maintenance budgets for each of the Golf Courses. d. Consultant shall determine the deferred capital expenditures on each of the Golf Courses and an appropriate annual allocation reserve. e. Consultant shall measure the labor hours incurred versus required for the proper maintenance based on the established service level goals for each of the Golf Courses. 9. Golf Course Operations a. Consultant shall conduct a pre-test survey of the City's current strategic vision, tactical resources allocation, and operational policies and procedures implemented to achieve a value based experience of golfers on a foundation that optimizes the financial potential of the Golf Courses. b. Consultant shall determine the value received by golfers in comparison to the price charged. C. Consultant shall guide the completion of a secret shopper review by management and staff for each of the Golf Courses. 10. Customer Survey a. Consultant shall conduct a 30 question electronic golfer survey amongst existing City of Fort Worth golfers regarding their habits, preferences and loyalty using vertical response to measure the open rate, click through rate, bounces and unsubscribes tabulating such results in survey monkey. b. Consultant shall review with management and staff the implications of such survey results regarding how to enhance value for customers on a basis that optimizes the financial performance of each of the Golf Courses. Professional Services Agreement with Golf Convergence,Inc. 11 of I 1