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HomeMy WebLinkAboutContract 26780STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § CITY SECRETAfjy CONTRACT NO. <m KNOW ALL BY THESE PRESENTS: CONTRACT FOR PROFESSIONAL CONSULTING SERVICES This contract is entered into by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City," and Bryan Eppstein & Company, Inc., d.b.a. The Eppstein Group, a Texas corporation, hereinafter called "Consultant," both parties acting herein by and through their duly authorized representatives: 1. Scone of Services. In accordance with the highest professional standards, Consultant agrees to provide the services of design, administration, execution, and analysis and formal presentation of results from telephone interviews with 100 randomly selected residents in each of Fort Worth's eight City Council Districts, for a total of 800 total telephone interviews citywide, concerning those citizens attitudes and opinions regarding the issues facing Fort Worth citizens and government. The specifics of such services are listed in Attachment A - Proposal, attached hereinafter and incorporated into this agreement thereby. 2. Schedule. The Consultant shall comply with the following schedule once the Contract for Professional Consulting Services is renewed: Element Completion Date 1. Survey Instrument and Survey Sample Design Wednesday, June 6, 2001 Element Completion Date 2. Presentation of Report of Survey Findings to City Council Tuesday, June 19, 2001 3. Compensation. The amount to be paid to Consultant for all services performed hereunder shall be Twenty -Two Thousand Five Hundred and No/100 Dollars ($22,500), 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 fixed rate of $22,500, which it deems necessary, including the cost of additional copies requested by the City of the Consultant's final survey report. 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 Service, for the fee described above and contained in Attachment A — Proposal, Part VIII: Cost of the Proposal. Any service deemed necessary by the Consultant, but beyond the stated Scope of 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. 4. Data. The City has a right to and shall be the sole proprietor of 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 the 22nd of May 2001, unless terminated earlier as provided herein. 'f� 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. a. 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. ori -expense, or 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. 11 M 10. Right 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 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. j4 PICIVO.A., 11. Prohibition of Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assigmnent, 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. EXECUTED on this, they.. d -- day of �.. 2001. t . , AT EST: City Secretaryr� APPROVED AS TO FORM AND LEGALITY: e Assist City Attorney 1XI .- 4-575-S Contract Authorization Date CITY OF FORT WORTH BY: w w Charles R. Boswell Assistant City Manager THE EPPSTEIN GROUP EI -M cyan r -p tem TITLE: �, ....,. , , .«.�.�.� ��m> . �... .m.. �, T' ( ,.., (r `�"�i if�`�! � ��rEf� GC�P ���Ip��C a��� ;'r 1 ' �� ��� gip, �'r k �, it t l�, i1 C� r�i V ��°iQ j�l�"����� ��y � ��'M ���� �if � �, Ir � �r� �41 nF�W,&u THE EPPSTEIN GROUP A national public relations firm speciaUing in political consulting, governmental affairs and opinion research, Proposal Reference No. 2001 Fort Worth Citizens Survey 4055 International Plaza, Suite 520 Fort Worth, ',Texas 76109 (817) 737-3656 FAX (817) 737-4245 a Testas Corporation sine 1483 Submitted by The Eppstein Group 4055 Intemational Plaza Suite 520 Fort Worth, Texas 76109 (817) 737-3656 Bryan Eppstein 408 West 14th Street John T. Shults Austin, Texas 78701 Chris Gavras (512) 615-1119 David Marwitz FAX (5„)wb5-0054 Susie Ton on Eppstein r {ry Kim Trisha Bees pe Yl✓ againWe •• - the opportunity to conduct the annual/biannual• Worth- y. i 121"PrULTLY • r- •r . r O] *I IN Loll*IQ 111110 As in 1998 and in 1999, The Eppstain Group's proposal is based on conducting 800 telephone interviews of randomly chosen residents of Fort Worth, with 100 interviews coming from each of the city's eight city councildistricts, • r'�•• s ♦ o • r11 s - ♦ , i :1 • !' • • • • ... r • r .. r • ; ...... • • • .: , in conducting this survey project, The Eppstein (croup will utilize both English and Spanish versions of the questionnaire in conjunction with bilingual interviewers. Residents of Spanish-speaking households will be given the opportunity to participate in the survey in Spanish if they so desire. • • �• •INOW- $11010,161ZLIM We • • s the opportunity• work with City Council and Staff on this • • /n't p CCC 6 E r �2 Part 1: Organization B an ppsteln Company, Inc., A Texas Corporation DBA The Eppstein Group 4055 International Plaza #520 Fort Worth, Texas 76109 Part ii: Survey Conception and Execution The stated goal of the 2001 Survey of Fort Worth Citizens is to continue to measure the opinions of Fort Worth's citizens about the quality, need, and priority of city services-past, present, and future. To successfully accomplish this goal, The Eppstein Group will work with City Staff and City Council to identify the areas and types of city services considered most crucial to test in 2001. Once these areas and services are identified, the surrey instrument will be thoughtfully designed to best test citizen perception and attitudes. Relevant demographic variables will also be added to the questionnaire in order to be used in cross tabulation analysis. Once the questionnaire is finalized, the survey will be tested in the field before actual interviewing occurs. The actual interviewing will be conducted over a 7 to 16 day period. Part III: Time Line Mauch 26-MerchQTask 1 - Embect Ovendow• . Project Director Bryan Eppstein and/or Project Advisor Chris Gavras will most with appropriate City Staff and Management as dictated to assess pertinent issues and plan execution of survey. A rR Ii -10Iask 2a-QpygLQp Survey Instrument Eppstein and Gavras will assimilate information from meetings with City Staff and Management, direct interviews with the Mayor and Council members, and then prepare a first, and subsequent drafts of the questionnaire. UT ��;pN# ray, 1 M I =: ,01 -1w -MR -17 V. While questionnaire is being developed, Project Coordinator John Shults will design and produce the sample to be used to conduct the survey. After the survey is finalized, Shults will work with contracted field service(s) to test both the English and Spanish versions of the survey, • E. . _ .. " I Once field testing is completed, the survey interviewing will be conducted under the direction of the Project Director and Project Coordinator. • 11 Vt.L�. • . _ I Upon completion of interviewing, data from interviews will be compiled into one data set for computer analysis by Shults. IgIM 7171,117-M1,11) Final presentation materials will be produced under the direction of Production Coordinator Kim Eppstein. �'17 T B. Eppstain, Gavras, and Shults will present final report and analysis to the City Council. The Eppstein Group will not require progress payments for this project. Instead, the firm will submit one invoice for the project to the city upon completion of Task 7a. 1012111101i'MIMM =,# -- Wfnx After completion of Task 4, The Eppstein Group will consult with City Staff for potential presentation of the survey questionnaire on the city internet site and/or other city publications. Part IV: Project Management Structure The Eppstein Group Project Management Structure 2001 Fort Worth Citizens Survey CoundlmembersI I Bryan. Eppstein I I Charles Boswell Project Director Assistant City Manager Chris Gavras Project Advisor Kia Eppatein John Shults ictlon Coordinator Project Coordinator ©are Durrett Prisha Rees Judd ,Pritchard Subcontractor Subcontractor roject Assistant Project Assistant Project Assistant Pield Service hanslator Please see Part VI: Personnel for written description of duties and responsibilities. Part V: Prior Experience In Fort Worth, The Eppstein Group has conducted more than two dozen citywide surveys, including the 1998 and 1999 Fort Worth Citizens Surveys, as well as projects for the Fort Worth Chamber of Commerce, the Fort Worth Citizens for a Safer City (1995 and 2000), and other Fort Worth community/business entities. Active in both statewide and regional polling throughout Texas, The Eppstein Group has conducted statewide, regional and municipal public opinion polling projects since 1986. In April 2001, the Eppstein Group will also conduct its 12th Annual Texas Interested Citizens statewide survey. This annual project interviews 1200 citizens across Texas and allows statewide professional/trade organizations and businesses to assess current public opinion over the broad range of issues before the Texas Legislature and State agencies. Professional personnel assigned to the 2001 Survey of Fort Worth Citizens will include firm founder and President Bryan Eppstein, Vice Presidents Kim Eppstein, Chris Gavras, and John Shults, and firm associates Clare Durrett, Trisha Fees, and Judd Pritchard. Projeg# Director, will be Bryan Eppstein. He is a graduate of Rice University, and has past experience as a former adjunct professor at TCU and opinion pollster and commentator for KTVT. As Project Director, Bryan will oversee all aspects of the project and directly interface with city staff and council in developing the survey questionnaire and will conduct the formal presentation and analysis before the City Council. Proiect Advisor will be Chris Gavras, Chris is a Masters Graduate of Texas A& M University and will assist the Project Director in questionnaire design and analysis. Eroiect Coordinator will be John Shults. John, a graduate of the University of Texas at Arlington, will design the survey sampling, coordinate field operations, and prepare computer analysis of survey data. Production Manager, will be Kim Eppstein. Kim is a Masters Graduate of Our Lady of the Lake and will oversee all production of final presentation materials. L'.roject Assigitants will include Clare Durrett, Trisha Rees and Judd Pritchard. Part VII: Main Project Contacts Bryan Eppstein and John Shults (817) 737-3656 Part VI11: Cast Personnel Costs: $20,120 Project Director: 30 hrs @ $100 per hour=$3000 Protect Advisor/Coordinators: 53 hrs @ $75 per hour=$3975 Project Assistants: 32 hrs 0 $35 per hour=$1120 Subcontractors: 800 interviews @$15.78 each=$12,624 Spanish translation: $400 Itemized cost of supplies and materials: $1,3181 Survey sample: $600 Copies of Spanish questionnaires for bilingual interviewers: $31 15 Hard copies of Survey: $750 Cost of Additional Copies of Survey Additional copies will be available for $50 each. Compliance Statement The Eppstein Group complies with all applicable rules and regulations of federal, state and local governing entities and is current on all federal, state, and local governing taxes and fees, jEPPstqqJrf "hGroup, Inc. Accepted By: City of Port Worth Y,2�,01 Date Date City of Fort Worth, Texas J DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 C-18558 02SURVEY 1 of 2 SUBJECT PROFESSIONAL SERVICES CONTRACT WITH BRYAN EPPSTEIN & COMPANY, INC. D/B/A THE EPPSTEIN GROUP, FOR THE 2001 SURVEY OF FORT WORTH CITIZENS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services contract with Bryan Eppstein & Company, Inc. d/b/a the Eppstein Group, 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 $22,500. 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 biennial citizens telephone surveys in 1992. Given the importance of such citizen input into the City's decision-making process, citizens' surveys have been conducted annually since 1999. The Eppstein Group will conduct telephone interviews with 100 randomly selected residents in each of Fort Worth's eight City Council Districts, for a total of 800 telephone interviews citywide. Contracted services will include the following: a) Design of a survey instrument, based on input from the City Council and City management; and b) Development of the sample to be used during telephone interviews; and c) Field test of survey instrument; and d) Telephone survey interviews; and e) Survey data analyses; and f) Preparation and presentation of a final report of survey findings to the City Council in May 2001. City of Fort Worth, Texas "alior and Council Communication