HomeMy WebLinkAboutContract 32533 7
CITY SECRETARY
CONTRACT No.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT, §
DENTON AND WISE §
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This contract is entered into by the City of Fort Worth, Texas, a municipal corporation situated
in Tarrant,Denton and Wise Counties,Texas,hereinafter called "City,"and ETC Institute,a Kansas
corporation, hereinafter called "Consultant," both parties acting herein by and through their duly
authorized representatives:
1. Scope of Services.
In accordance with the highest professional standards, 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 City of Fort Worth is contracting 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.
The services provided for the stated, fixed price 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.
Included in the fixed cost are also three one-day, on-site visits, as well as the recording of
respondent street addresses.
2. Schedule.
The Consultant shall comply with the following schedule once the Contract for Professional
Consulting Services is renewed:
Element Completion on or before
1. Design Survey Instrument & Survey Sample Design November 21, 2005
2. Survey Implementation December 22, 2005
3. Presentation of Survey
Findings to City Council February 6, 2005
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3. Compensation.
a. The amount to be paid to Consultant for all services performed hereunder shall be Forty-Six
Thousand and Forty and No/100 Dollars($46,040),hereinafter"Consultant's Fee." The Consultant's
Fee shall include all expenses incurred by Consultant in the accomplishment of all items listed above
under Section One, Scope of Services. The Consultant MUST obtain Fort Worth City Council
authorization IN ADVANCE for any and all charges beyond the authorized amount of$46,040. It
is understood that this Contract contemplates the provision of full and complete consulting services
for this project, including any and all necessary changes or contingencies to complete the work as
outlined above in Section One, Scope of Services, for the fee described in this section and contained
in Attachment A,Fixed Pricing Worksheet—2005 Fort Worth Citizen Survey. Any service deemed
necessary by the Consultant, but beyond the stated services outlined in Section One, Scope of
Services, must be justified to and expressly authorized by the Fort Worth City Council PRIOR to
implementation of that service.
b. Upon completion of the scheduled work and receipt of invoice by the City of Fort Worth,
Consultant shall be paid in accordance with the payment schedule attached. (See Attachment A)
4. Data.
The City shall own any and all data compiled, analyses performed and reports drafted by the
Consultant in his or her fulfillment of the terms of this Contract for Professional Consulting
Services.
5. Term.
The term of this Contract shall commence upon date of full execution by the City and
Consultant, and shall terminate upon final presentation of survey results to City Council and relevant
City Staff, unless terminated earlier as provided herein.
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6. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the 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 Contract, and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section 6.a., the City shall pay Contractor for services actually
performed in accordance herewith prior to such termination, less such payments as have been
previously made, in accordance with a final statement submitted by Consultant documenting the
performance of such work.
b. In the event no funds or insufficient funds are appropriated and budgeted by the City in
any fiscal period for any payments due hereunder, the City will notify Consultant of such occurrence
and this Contract 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 and budgeted. City has
informed Consultant that, concurrent with approval of this Contract, City will appropriate and budget
100 percent of the funds specified in this Contract, so that all funds will be appropriated and
budgeted prior to the commencement date of this Contract.
C. Upon termination of this Contract for any reason, Consultant shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
7. Indemnification.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONSULTANT SHALL
INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES
HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE FOR DAMAGE TO
PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT
NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF CONSULTANT OR
SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR
OMISSION IN THE PERFORMANCE OF CONSULTANT'S PROFESSIONAL SERVICES. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, CONSULTANT SHALL DEFEND, AT
ITS OWN EXPENSE, ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE
CITY,ITS OFFICERS,AGENTS AND EMPLOYEES,OR ANY OF THEM,RESULTING FROM
SUCH NEGLIGENT ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND
SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST
THEM, OR ANY OF THEM, IN CONNECTION THEREWITH RESULTING FROM SUCH
NEGLIGENT ACT, ERROR OR OMISSION.
8. Independent Contractor.
Consultant shall perform all work and services hereunder as an independent contractor and not
as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the
exclusive right to control, the details of the work performed hereunder and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of
respondeat superior shall have no application as between the City and the Consultant.
9. Disclosure of Conflicts.
Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of
any existing or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts of
interest that develop subsequent to the signing of this Contract.
10. Fright to Audit.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this Contract,have access to and the right to examine any directly pertinent books, documents,
papers and records of the Consultant involving transactions relating to this Contract. Consultant
CITY
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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.
11. Prohibition of Assip-nment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
12. Choice of Law; Venue.
This Contract shall be construed in accordance with the internal law of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Contract; venue for said action shall be in Tarrant County, Texas.
13. Compliance with Law.
Contractor, its officers, agents, employees, contractors and subcontractors, shall abide by and
comply with all laws, federal, state and local, including the Charter and all ordinances, rules and
regulations of the City. It is agreed and understood that, if City calls the attention of Contractor
to any such violations on the part of Contractor, its officers, agents, employees, contractors or
subcontractors, then Contractor shall immediately desist from and correct such violation.
14.Notices.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified mail,
postage prepaid, or by hand delivery:
City: Vendor:
City of Fort Worth ETC Institute
Ms. Bridgette Garrett Mr. Chris Tatham
Budget/Management Services Director Vice President
1000 Throckmorton Street 725 West Frontier Circle
Fort Worth, Texas 76102 Olathe, Kansas 66061
(817) 392-8518 (913) 829-1215
EXECUTED on this,the day ofbrf�' A.D. 2005.
ATTEST: CITY OF FORT WORTH
ry� BY: tc Qg aQ
City Secretary chard Zavala
kterim) Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
a, (i }T ETC INSTITUTE
Contract Auth riza' 'on
Date BY.
Chris Tatham
TITLE: Vice President
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Attachment A
Fixed Pricing Worksheet -
2005 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
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/18/2005
DATE: Tuesday, October 18, 2005
LOG NAME: 032005CITSURVEY REFERENCE NO.: **C-21084
SUBJECT:
Authorize Execution of a Professional Services Contract with the ETC Institute for the 2005 City of
Fort Worth Citizen 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 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 2005 Citizen's Survey.
After review of the eight proposals received in response to Request for Proposals (RFP) No. 02-0014 to
conduct the 2005 Citizens' Survey, ETC Institute, a Kansas corporation, emerged the clear preference of all
members of the selection committee. The ETC Institute was the unanimous choice of the committee
because it offered a statistically valid, comprehensive survey of citizen opinions, good value and numerous
enhancements that should increase the usefulness of survey findings for City Council decision-making.
For the firm price of $46,040.00, 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 February 13,
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.
The ETC Institute's proposal is notable for the level of services included for the fixed cost, which were not
offered in any other proposals for such a relatively low cost and which should significantly imprpt e
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usefulness/usability of survey results. First and most importantly, 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.
Second, 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 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.
Third, 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.
The ETC Institute is a 100% woman-owned business.
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 Managees Office by: Richard Zavala (Acting) (6222)
Originating Department Head: Bridgette Garrett(8518)
Additional Information Contact: Jose Moreno (8349)
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