HomeMy WebLinkAboutContract 25843 QITY
CONTRACT NO Y ��
AGREEMENT FOR CONSULTING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND ANDREA THOMAS, INDIVIDUALLY AND
DOING BUSINESS AS NATIONAL RESEARCH SERVICE
FOR FOCUS GROUP RESEARCH ON WATER CONSERVATION
STATE OF TEXAS KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
THIS AGREEMENT is made, entered into and executed on , by and
between the City of Fort Worth, a municipal corporation situated in Tarrant County,
Texas; acting by and through, Mike Groomer,its duly authorized Assistant City Manager,
hereinafter referred to as "City,"and Andrea Thomas, individually and doing business as
National Service Research, hereinafter referred to as"Consultant,"to provide consulting
services.
WITNESSETH:
WHEREAS, City desires to proceed with focus group research on consumer
attitudes about water conservation; and
WHEREAS, Consultant has available and offers to provide personnel and
facilities necessary to perform the services for the Project, and;
NOW, THEREFORE, City and Consultant agree as follows:
SECTION I - SERVICES OF THE CONSULTANT
The City hereby contracts with Consultant as an independent contractor, and the
Consultant hereby agrees to perform, within the professional standards normally
accepted in the State of Texas, the professional services set out herein in
connection with the project as described in Exhibit A titled, "Scope of Work,
Schedule and Compensation,"which is attached hereto and made a part hereof.
If, during the course of performing the services, City and Consultant agree that it
is necessary to make changes in the Project as described in Exhibit A, such
changes will be incorporated in the Agreement by written amendment.
a. The project is generally described as: qualitative research using four focus
groups to gather Fort Worth water customers' opinions about water
conservation and what impact incentives might have on their desire to
conserve water, hereinafter referred to as the "Project."
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SECTION II - SCOPE OF WORK
A. BASIC SERVICES
Consultant agrees to perform those tasks described in Exhibit A, Scope of
Work, Schedule and Compensation. Unless modified in writing by the
parties, the responsibilities of the Consultant shall not exceed the services
listed in Exhibit A.
B. ADDITIONAL SERVICES
City and Consultant agree that incidental services related to the Project,
but not covered in Exhibit A, may be needed during performance of this
Agreement. Such categories of services shall be classified as Additional
Services and shall be undertaken under the terms of written amendments
to the Agreement executed by City and Consultant or included in a
separate contract executed by the parties hereto if the Consultant is
selected to perform the Additional Services.
C. TERM OF SERVICE
Term of service is for a term not to exceed three months following the
signing of this contract by all parties.
SECTION III - SCOPE OF CITY SERVICES
City agrees to provide facilities and equipment, and to perform services in
connection with the Project as set forth below:
1. Providing available information related to the Project.
SECTION IV - AUTHORIZATION PROGRESS AND COMPLETION
The City and Consultant agree that the project is planned to be completed in
accordance with the project. schedule set out in Exhibit A. The Consultant shall employ
manpower and other resources and use professional skill and diligence to meet the
schedule; however, it shall not be responsible for schedule delays resulting from
conditions beyond its control. With written mutual Agreement, the City and the
Consultant may modify the project schedule during the course of the project and if such
modifications affect the Consultant's compensation, it shall be modified accordingly,
subject to City approval.
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For Additional Services, the authorization by the City shall be in writing and shall
include the definition of the services to be provided,the schedule for commencing and
completing the services and the basis for compensation therefore, all as agreed upon in
writing by the City and Consultant.
It is understood that this agreement contemplates the full and complete services
for this project including any and all services to complete the work as outlined in Exhibit
A other than Additional Services. Nothing contained herein shall be construed as
authorizing additional fees for services necessary for the successful completion of this
project other than Additional Services. The Consultant acknowledges by the execution of
this contract that such contingencies as may be deemed necessary and proper have been
included in Exhibit A.
SECTION V - COMPENSATION
Total compensation for the services described in Exhibit A to be performed by the
Consultant shall not exceed $11,200. The City agrees to pay, and consultant agrees to
accept, compensation in accordance with the methods and schedules set forth in Exhibit
A.
SECTION VI - SUBCONTRACTS
Consultant shall be entitled, to the extent determined appropriate by the
Consultant, to subcontract any portion of the service to be performed by Consultant under
this Agreement.
SECTION VII -ASSIGNMENT
This agreement is binding on the heirs, successors, and assigns of the parties
hereto. This agreement may not to be assigned by either the City or Consultant without
the prior written consent of the other. Any such attempted assignment without prior
consent shall terminate the Agreement.
SECTION VIII - Ix1ITEGRATION
This Agreement represents the entire understanding of the City and Consultant as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered hereunder. This Agreement may not
be modified or altered except in writing, signed by both parties.
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SECTION IX- INDEPENDENT CONTRACTOR
Consultant shall perform services hereunder as an independent contractor, and not
as an officer, servant or employee of the City, and consultant shall have the exclusive
right to control services performed hereunder by Consultant, and all persons performing
same, and shall be responsible for the negligent acts and omissions of its officers, agents,
employees, and subconsultants. Nothing herein shall be construed as creating a
partnership or joint venture between the City and Consultant, its officers, agents,
employees and subconsultants; and the doctrine of respondent superior has no application
as between the City and the Consultant.
SECTION X - CITY'S PROJECT OFFICER
The City's Project Officer shall act for the City and shall be identified in writing
at the time the authorization to proceed is issued.
SECTION XI - SUSPENSION OF SERVICES
The City may suspend, in writing, all or a portion of the services provided under
this Agreement in the event unforeseen circumstances beyond the control of the City
make normal progress in the performance of the services impossible. The Consultant
may request that the services be suspended by notifying the City, in writing, of
circumstances which are interfering with normal progress of the services. The time for
completion of the services shall be extended by the number of days the services are
suspended. In the event that the period of suspension exceeds 90 days, the terms of this
Agreement are subject to renegotiation and both parties are granted the option to
terminate services on the suspended portion of the project in accordance with Article
XIII.
SECTION XII - TERMINATION OF SERVICES
The City may terminate all or a portion of the services covered by this Agreement
for its convenience. Either the City of Consultant may terminate services in the event the
other party fails to perform in accordance with the provisions of this Agreement.
Termination of this Agreement is accomplished by 15 days prior written notice from the
party initiating termination to the other. Notice of termination shall be delivered by
certified mail with receipt for delivery returned to the sender.
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In the event of termination, the Consultant shall perform such additional services
as necessary for the orderly filing of documents and closing of the project. The additional
time for filing and closing shall not exceed 10 percent of the total time expended on the
terminated portion of the project and in any event shall not be less than 30 nor more than
60 days prior to the effective date of termination.
Consultant shall be compensated on the basis of services actually performed prior
to the effective date of termination, plus the services required for filing and closing.
Charges for the latter services are subject to the time limitation described in this Section
XIII.
SECTION XIII - CONSULTANT'S PROJECT OFFICER
Andrea Thomas will serve as the Consultant's Project Officer and be involved in
all client meetings, discussion guide design, moderating focus group sessions, survey
document design and final report preparation and presentations.
SECTION XIV - RIGHT TO AUDIT
A. 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
and photocopy any directly pertinent books, documents, papers and records of
the Consultant involving transactions relating to this contract. 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.
Consultant further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant 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, and papers and records of such subconsultant, involving
transactions to the subcontract, and further, that City shall have access during
normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this article together with subsection (C) hereof. City
shall give subconsultants reasonable advance notice of intended audits.
B. Consultant and subconsultant agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies for the cost of copies at the rate published in the Texas Administrative
Code in effect as of the time copying is performed.
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SECTION XVI - AGE
In accordance with the policy ("Policy") of the Executive Branch of the Federal
Government, Consultant covenants that neither it nor any of its officers, members, agents,
employees,program participants or subconsultants, while engaged in performing this
contract, shall in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
Consultant further covenants that neither it nor its officers, members, agents,
employees, subconsultants, program participants, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
Consultant warrants it will fully comply with the policy and will defend,
indemnify and hold City harmless against any claims or allegations asserted by third
parties or subconsultants against city arising out of Consultant's and/or subconsultants'
alleged failure to comply with the above referenced Policy concerning age discrimination
in the performance of this agreement.
SECTION XVII - DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Consultant warrants that it and any and all of its subconsultants will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for
applicants for employment with, or employees of Consultant or any of its subconsultants.
Consultant warrants it will fully comply with ADA's provisions and any other
applicable federal, state and local laws concerning disability and will defend, indemnify
and hold City harmless against any claims or allegations asserted by third parties or
subconsultants against City arising out of Consultants and/or its subconsultants' alleged
failure to comply with the above referenced laws concerning disability discrimination in
the performance of this agreement.
SECTION XVIII- VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant
County, Texas.
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SECTION XIX- USE OF DOCUMENTS
The original survey results and reports shall become the property of the City;
however, the Consultant may retain reproducible copies of all such documents. City may
use such reports and survey results in any manner it desires.
SECTION XX- EXHIBITS
The following exhibit is made a part of this agreement:
Exhibit A - Scope of Work, Schedule and Compensation
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
signed in triplicate in its name and on its behalf, by its City Manager, and attested by its
City Secretary, with the Corporate Seal affixed; and the Consultant also has properly
executed this instrument in triplicate copies each of which is deemed an original.
EXECUTED in the City of Fort Worth, this44L"day ofA.D., 2000
ATTF CITY O T ORTH
BY!
14.
e son S-/5-06 Mike groomer, sst. City Manage
City Secretary City of Fort Worth
ANDREA THOMAS, individually and APPROVAL RECOMMENDED:
doing business as NATIONAL
RESEARCH SERVICE:
BY:
Brea Thomas Dale Fisseler, P.E.
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
Gary S ' berger, Assistant City Attorney Date
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Contract Authorization URINAL U= WORD
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Exhibit A
Scope of Work, Schedule & Compensation
1. Project Overview
The City of Fort Worth Water Department is seeking a consultant to gather Fort
Worth water customers' opinions about water conservation and what impact
might incentives have on their desire to conserve water.
b. National Service Research (NSR), proposes to gather public input about water
conservation through the use of focus group research. Focus groups are qualitative
research designed to solicit input about the opinion of the citizens.
c. This Exhibit outlines the scope of work for conducting four focus group sessions.
2. Focus Group Research Tasks
NSR will conduct the following tasks for four(4) focus group sessions.
a. Group Composition - City of Fort Worth staff and NSR will finalize the
composition of the focus group session. NSR and city staff will discuss and
determine the group composition desired the group. The focus group could be
comprised of homeowners, some with and without automatic sprinkler systems.
NSR suggests a demographic cross-section of the community be represented.
b. Discussion Guide- NSR will prepare a discussion guide for the group based upon
goals and objectives outlined by city staff. City staff will approve the final
discussion guide. The moderator, Andrea Thomas, owner of NSR, will utilized
the discussion guide to direct the focus group discussion.
c. Recruit Respondents - NSR will recruit respondents at random based upon
criteria determined for each group. NSR will recruit 14 respondents for each
group using a written screener prepared by NSR. NSR professional recruiters will
conduct all focus group recruiting efforts. A confirmation letter with
specifications about the group time and location will be sent to each confirmed
respondent. Respondents will be called the day prior to the focus group session as
a reminder.
d. Conduct Groups - The group session will be held at a city provided facility or
NSR offices. NSR will provide videotaping of the group with a monitor in an
adjacent office in order that the client may view the group live. NSR will serve
light refreshments to the respondents. Andrea Thomas, owner of NSR, will
moderate the focus group session. NSR recommends the city provide any visual
aids for use in the focus group session.
e. Focus Group Gratuity -NSR will pay each respondent $40 cash for their
participation
f. Final Report-NSR will provide a written summary and analysis of the focus
group session.
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Exhibit A
3. Consultant Fees
o Focus Groups -Fees include background research, discussion guide outline,
moderating group, videotaping,tape transcripts and final report. Fees include
respondent gratuities. Total fees for the focus group study will be $11,200. Fees
assume two groups are conducted in one evening, one at 6pm and the second at 8
pm. Each group will last approximately 90 minutes.
b. Deliverables - Fees include all necessary client meetings and five copies of the
final color executive summary report and one copy of the detailed technical report
which will include all survey tables and focus group transcripts.
4. Schedule
The schedule for the study scope outlined herein is summarized below:
Go-ahead authorization March 1
Discussion guide development March 1-17
Recruit respondents March 6-17
Conduct focus groups March 29, 30
Tape transcripts April 1-5
Final Report April 17
5. Compensation
Consultant will invoice the city for this project after delivery of the final report to the city.
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