HomeMy WebLinkAboutContract 34368 CITY SECRETARY:
CONTRACT NO.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and
through Karen L. Montgomery, its duly authorized Assistant City Manager, and ETC
INSTITUTE, a Kansas corporation ("Consultant"), acting by and through Chris Tatham, Vice
President, its duly authorized representative.
RECITALS
WHEREAS, City has a substantial need to obtain information regarding its residents'
attitudes and opinions regarding City services and the major issues facing City so that City may
better serve its citizenry;
WHEREAS, to obtain information regarding its residents' attitudes and opinions, City
desires to conduct a survey of its residents;
WHEREAS, City desires to hire a professional firm knowledgeable and experienced in
providing survey services;
WHEREAS, Consultant has represented that it is staffed with personnel knowledgeable
and experienced in providing services of survey design, administration, execution and analysis;
and
WHEREAS, City and Consultant mutually desire to enter into a contract to have
Consultant perform survey services.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
1. Services. Consultant covenants and agrees to fully perform, or cause to be
performed, with good faith and due diligence, all objectives described in Exhibit "A", attached
and incorporated herein for all purposes incident to this Agreement ("Services"). Services shall
be performed according to the schedule set forth in Exhibit "B", attached and incorporated herein
for all purposes incident to this Agreement ("Services Schedule"). Any service deemed
necessary by the Consultant, but beyond the Services outlined in Exhibit "A", must be justified
to and expressly authorized by the City prior to implementation of that service, and may, at the
City's discretion, require an amendment to this Agreement.
2. Term. Services shall be provided by Consultant for a term beginning upon full execution
by the parties, and ending on September 30, 2007, unless terminated earlier as provided herein.
3. Fee. In consideration of the Services to be performed hereunder by Consultant, City
promises and agrees to pay Consultant an amount not to exceed Forty-six Thousand and Forty
Dollars ($46,040) ("Fee"). The Fee shall be compensation for all Services, including any and all
expenses incurred in connection with performance of the Services. Upon completion of the
Services in accordance with the Services Schedule, and receipt of invoice by City, Consultant
shall be paid in accordance with the payment schedule attached as Exhibit "C", attached and
incorporated herein for all purposes incident to this Agreement ("Payment Schedule"). The
Consultant must obtain City authorization in advance for any and all charges beyond the Fee. It
is understood that this Agreement contemplates the provision of full and complete consulting
services for this citizen survey project, including any and all necessary changes or contingencies
to complete the Services, for the Fee.
4. Data. City shall own any and all data compiled, analyses performed and reports drafted
by the Consultant in the fulfillment of the terms of this Agreement.
5. Termination. Either parry may cancel this Agreement at any time and for any reason by
providing the other parry with thirty days written notice of termination. Upon Consultant's
receipt of such notice by City, Consultant shall immediately discontinue all Services 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. In the event this
Agreement is terminated prior to expiration of the Term, City shall pay Consultant only for
Services actually rendered as of the effective date of termination, in accordance with a final
statement submitted by Consultant documenting the performance of such Services. Upon
termination of this Agreement for any reason, Consultant shall provide City with copies of all
completed or partially completed documents prepared under this Agreement.
6. Independent Contractor. Consultant shall operate hereunder as an independent contractor
and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive
control of and the exclusive right to control the details of the Services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, subcontractors and program participants. The doctrine of
respondeat superior shall not apply as between the City and Consultant, its officers, agents,
servants, employees, subcontractors, or program participants, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Consultant. It is
expressly understood and agreed that no officer, agent, employee, or subcontractor of Consultant
is in the paid service of City.
7. Indemnification.
CONSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND,AT ITS OWN EXPENSE, CITY AND ITS OFFICERS,AGENTS, SERVANTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED
HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
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TEM�R
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONSULTANT HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER
REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY. CONSULTANT LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM
AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY
OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
CONSULTANT, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY.
CONSULTANT AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR
INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY
CITY'S SOLE OR CONCURRENT NEGLIGENCE.
Consultant shall require all of its subcontractors to include in their subcontracts a release
and indemnity in favor of City in substantially the same form as above.
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This Section 7 shall survive the expiration or termination of this Agreement.
8. Insurance.
During the term of this Agreement, Consultant shall procure and maintain at all times, in full
force and effect, a policy or policies of insurance that provide the specific coverage set forth in
this Section 7 as well as any and all other public risks related to Consultant's performance of its
obligations under this Agreement. Consultant shall specifically obtain the following types of
insurance at the following limits:
• Commercial General Liability:
$1,000,000 per occurrence; providing blanket contractual liability insurance products
and completed operations; independent contractor's liability; and coverage for
property damage to City facilities; and
• Automobile Liability:
$1,000,000 per occurrence or accident; including, but not limited to, all vehicles,
whether owned or hired, in use by Consultant, its employees, agents or
subcontractors; and
• Worker's Compensation/Employer's Liability:
Worker's compensation coverage as required by applicable law; and Employer's
Liability at $100,000 per accident.
• Errors & Omissions (Professional Liability):
If coverage is written on a claims-made basis, the retroactive date shall be coincident
with or prior to the date of the contractual agreement. The certificate of insurance
shall state that the coverage is claims-made and include the retroactive date. The
insurance shall be maintained for the duration of the contractual agreement and for
five (5) years following completion of the service provided under the contractual
agreement or for the warranty period, whichever is longer. An annual certificate of
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insurance submitted to the City shall evidence coverage. Coverage shall be in the
following amounts:
(1) $1,000,000 per occurrence or claim
(2) $2,000,000 aggregate
Consultant shall promptly provide the City with certificates of insurance that verify Consultant's
compliance with the insurance requirements of this Agreement. The City's Risk Manager shall
have the right to review and evaluate Consultant's insurance coverage and to make reasonable
requests or revisions pertaining to the types and limits of that coverage. Consultant shall comply
which such requests or revisions as a condition precedent to the effectiveness of this Agreement.
9. Assignment. Consultant shall not assign or subcontract all or any part of its rights,
privileges or duties under this Agreement without the prior written consent of City, and any
attempted assignment of subcontract of same without such prior written approval shall be void
and constitute a breach of this agreement.
10. Compliance with Law. Consultant, its officers, agents, employees and subcontractors,
shall abide by and comply with all laws, federal, state and local, including all ordinances, rules
and regulations of City. It is agreed and understood that, if City calls to the attention of
Consultant any such violation on the part of Consultant or any of its officers, agents, employees
or subcontractors,then Consultant shall immediately desist from and correct such violation.
11. Non-Discrimination. Consultant, in the execution, performance or attempted
performance of this contract and Agreement, will not discriminate against any person or persons
because of disability, age, familial status, sex, race, religion, color or national origin, nor will
Consultant permit its officers, agents, employees, or subcontractors to engage in such
discrimination.
This Agreement is made and entered into with reference specifically to Chapter 17,
Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in
Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its agents,
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employees and subcontractors have fully complied with all provisions of same and that no
employee or employee-applicant has been discriminated against by either Consultant, its agents,
employees or subcontractors.
12. Right to Audit. 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 any
directly pertinent books, documents, papers and records of the Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during normal
working hours to all necessary Consultant facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give Consultant reasonable advance notice of intended audits.
Consultant further agrees to include in all of its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such subcontractor involving
transactions to the subcontract, and further that City shall have access during normal working
hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this paragraph. City shall give
subcontractor reasonable advance notice of intended audits.
This Section 12 shall survive the expiration or termination of this Agreement.
13. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by the
City in any fiscal period for any payments 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 City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds shall have been
appropriated.
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14. Entire Agreement. This written instrument constitutes the entire agreement by the parties
hereto concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall
be void.
15. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this Agreement, venue for
said action shall lie in Tarrant County, Texas.
16. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the
other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the
address of the other party shown below:
Karen L. Montgomery, Assistant City Manager Mr. Chris Tatham, Vice President
City of Fort Worth ETC Institute
1000 Throckmorton St. 725 West Frontier Circle
Fort Worth, Texas 76102 Olathe, Kansas 66061
(817) 392-8518 (913) 829-1215
17. Non-Waiver. The failure of City or Consultant to insist upon the performance of any
term or provision of this Agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely
upon any such term or right on any future occasion.
18. Disclosure of Conflicts. 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 and proposed services with respect to the Project. 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.
The City acknowledges that Consultant may use products, materials or methodologies
proprietary to Consultant. The City agrees that Consultant's provision of services under t his
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Agreement shall not be grounds for the City to have or obtain any rights in such proprietary
products, materials or methodologies unless the parties have executed a separate written
agreement with respect thereto. Notwithstanding the foregoing, Consultant understands and
agrees that the City is subject to various public information laws and regulations, including, but
not limited to, the Texas Open Records Act. 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 any third party without the prior
written approval of the City.
19. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired.
20. Force Majeure. 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, including, but not limited to, compliance with any government law,
ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters,
wars, riots, material or labor restrictions by any governmental authority, transportation problems
and/or any other similar causes.
21. Headings not Controlling Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective as of the last signature below.
ATTEST: CITY OF FORT WORTH
1 B .
Marry Hendrix Karen L. Montgomery
City Secretary Assistant City Manager I CFO
Date: rayiw4L�k �,(� Date:
APPROVED AS TO FORM AND LEGALITY: contract Authorization
1 �
Date
ssistant City Attorrky
Date: / Lqlr /
ATTEST: ETC INSTITUTE, a Kansas corporation
By
Chris Tatham
Vice President
Date: /;C)Z0 Date:
ADO
'�ll�� ��ViV IJ 1YY�Y/
STATE OF KANSAS §
COUNTY OF sc,._ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Chris Tatham, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the
ETC Institute, a Kansas corporation, and that he executed the same as the act of said ETC
Institute, a Kansas corporation, for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 0 et, er ,
A.D. 2006.
PATRICIA R.RYAN an C
NOTARY PUBLIC
STATE OF KANSAS
4NotP�ubli'cCOUNTYOFJOHNSON In d for
My Appt.Expires the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Karen L. Montgomery, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that the same was the
act of the City of Fort Worth for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this b day of-'De ,
A.D. 2006.
ON R JACOBS
� 1*+ NOTARY PUBLIC Notary lic in and for
State of Texas
of Comm. Exp. 05-27-2007 the State of Texas
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EXHIBIT "A"
SERVICES
Consultant agrees to provide the services of survey design, administration, execution and
analysis, as well as provide a formal presentation of survey results / analyses, which will
highlight Fort Worth residents' attitudes and opinions regarding City services and the major
issues facing Fort Worth.
The survey shall be a combined mail and telephone survey, with a guaranteed 1,600
completed surveys. Residents not responding to the survey by mail will be contacted and offered
the opportunity to complete the survey over the telephone. The telephone-administered survey
should take the respondent approximately 20 minutes to complete. Respondent street addresses
will be recorded.
The services will include, but are not limited to the following:
1. Survey Design, including significant City Council and City management input
gathered through initial interviews with each Council member and select City staff, as
well as subsequent Council /staff review of all draft survey instruments; and
2. Sample Plan Development; and
3. Survey Administration/Execution; and
4. Survey Pre-Test; and
5. Preparation and Presentation of Final Report on Survey Findings, including, but not
limited to:
a. An executive summary of survey methodology and major findings; and
b. Charts and graphs depicting citywide survey results; and
C. Tabular data that show the citywide results for survey questions, as well as the
results by City Council districts and other variables, as appropriate; and
d. Importance-Satisfaction Analysis; and
e. Benchmark Data (DirectionFinder); and
f. Performance Indices for Strategic Goals; and
g. A copy of the survey instrument; and
h. A 30 — 60 minute electronic presentation to the City Council highlighting the
results.
The services also include three one-day, on-site visits.
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EXHIBIT "B"
SERVICES SCHEDULE
The Consultant shall comply with the following schedule:
Element Completion on or before
1. Design Survey Instrument & Survey Sample Design December 19, 2006
2. Survey Implementation January 3, 2007
3. Preliminary Survey Findings in draft February 6, 2007
4. Presentation of Final Survey Findings
to City Council March 6, 2007
EXHIBIT "C"
PAYMENT SCHEDULE
Fixed Pricing Worksheet -
2006 Fort Worth Citizen Survey
Submitted by. ETC Institute #of Completed Surveys
1600
precision w/95%level of confidence at CITY level +/-2.6%
precision w/95%level of confidence for Council Districts +/-7%
20-minute survey(approx 7-8 pages) $36,340
Tabular Data (overall results) No charge
Formal Report w/narrative summary, charts, etc. $2,000
Sub Analysis/Banner Crosstabulations of data $3,200
Stakeholder Interviewers $1,500
Benchmarking Surveys $1,800
Cost to record street addresses of respondents $1,200
TOTAL $46,040
Payment Schedule %of Total to Be Billed Amount Billed
Task 1.1 Design Survey& Develop Sample Plan 25% $ 11,510
Task 1.2 Administer Survey 60% $ 27,624
Task 1.3 Final Report/Presentation 15% $ 6,906
Total 100% $ 46,040
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M&C Request Review Page 1 of 2
%AA%"%ALA1tC PtIL A A N — JL 100 ORTORTH'
Print M&C
COUNCIL ACTION: Approved on 11/7/2006
DATE: 11/7/2006 REFERENCE NO.: **C-21816 LOG NAME: 03CITIZENSSURVE
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Professional Services Contract with the ETC Institute for the 2006 City
of Fort Worth Citizens' Survey
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
contract with the ETC Institute for the design, administration, execution, and analysis of a survey of Fort
Worth citizens' attitudes, opinions, and preferences regarding the quality, desired quantity and priority of the
City services, at a cost not to exceed $46,040.00
DISCUSSION:
In an effort to more effectively gauge citizens' opinions of City service delivery, the demand for enhanced or
new City services and preferences for the direction the City should take in the future, the City of Fort Worth
began conducting citizen surveys in 1992. The purpose of this M&C is to authorize the execution of a
professional service contract for the 2006 Citizen's Survey.
Over the past four years, ETC Institute, a Kansas corporation, has performed the Citizens' Survey. They have
provided a statistically valid, comprehensive survey of citizen opinions. The document has been a valuable
tool and proven to be useful for City Council decision-making.
Again, for this fiscal year, the firm has agreed to a price of$46,040.00. For this price, ETC Institute will do the
following: 1) design a survey instrument with substantial City Council and City management input; 2) conduct
a survey pre-test; 3) conduct stakeholder interviews; 4) distribute the survey via U.S. mail; 5) conduct
telephone survey interviews; 6) analyze survey data; and 7) prepare and present the final report of survey
findings to the City Council by March 6, 2006.
ETC Institute recommends implementation of a combined telephone/mail survey, which should significantly
reduce the probability that results will be affected by non-response bias, thereby producing survey results that
are more representative of the larger city population and therefore more useful for decision-making
purposes. Under the joint mail/telephone survey structure, ETC will mail out the survey questionnaire to a
random sampling of residents throughout the city. It will then follow up with telephone interviews lasting
approximately 20 minutes in duration each, with those not responding via mail to the survey. Those residents
then have the option of completing the survey over the telephone. ETC guarantees 1,600 completed survey
questionnaires citywide, which should produce a very low margin of error of only +/- 2.6% at a 95%
confidence level. Results will also be analyzed by Council District and up to four other demographic
variables. ETC Institute's analysis will include a benchmarking of Fort Worth's results against a number of
other major cities in the nation for similar services. The ETC institute maintains a database called
Direction Finder, a source of results regarding opinions of basic municipal service quality, all placed on a
comparable scale. Many of the firm's references found this analysis to be invaluable.
ETC's final report of survey findings will include an "Importance-Satisfaction" analysis, which measures
citizens' ratings of the perceived importance of core municipal services against the perceived quality of
service delivery. Such information should prove useful in decision-making because it would allow the City
http://www.cfwnet.org/council_packet/mc_review.asp?ID=6827&councildate=11/7/2006 12/6/2006
M&C Request Review Page 2 of 2
Council to maximize overall citizen satisfaction by emphasizing improvements in those areas where the level
of satisfaction is relatively low and the perceived importance of the service is relatively high. Additionally,
ETC Institute will conduct stakeholder interviews during survey development in order to ensure that issues
important to decision-makers in the area are addressed and to enhance stakeholder support of survey results
and recommendations. Stakeholders will be determined during ETC's initial meetings with the
City. Dependent upon recommendations by the City Council and staff, stakeholders may include other local
elected officials and staff, business leaders, economic development interests, regional and local planners,
environmentalists, military officials, transit operators and others who may influence City priorities and funding
decisions.
M/WBE -A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods or services is from sources
where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the
General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0905500 $46,040.00
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Erin Roseman (8512)
ATTACHMENTS
03CITIZENSSURVE.ATT.pdf
http://www.cfwnet.org/council_packet/mc_review.asp?ID=6827&councildate=11/7/2006 12/6/2006