HomeMy WebLinkAboutContract 44127 (2)ck_viTGM'f-ta
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PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH (the "City"), a home -rule municipal corporation of the State of
Texas, acting by and through its duly authorized Assistant City Manager, and ORC International, Inc.
("Consultant"), a Delaware corporation, acting by and through Marc Litvinoff, President its duly authorized
Officer. The City and Consultant may each be referred to individually as a "party" and collectively as the
"parties."
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; and
WHEREAS, to obtain information regarding its residents' attitudes and opinions, City desires to conduct a
survey of its residents; and
WHEREAS, City desires to hire a professional firm knowledgeable and experienced in providing survey
services; and
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. SCOPE OF SERVICES.
Consultant will, with good faith and due diligence, assist the City in surveying citizens to gather
information regarding resident's attitudes and opinions about City services and the major issues facing
City. In particular, Consultant will perform all duties outlined and described in the Statement of Work,
which is attached hereto as Exhibit "A" and incorporated herein for all purposes as though it were set
forth at length. The actions and objectives contained in Exhibit "A" are referred to herein as the
"Services." Consultant shall provide Services according to the Services Schedule, which is attached
hereto as Exhibit "B" and incorporated herein for all purposes as though it were set forth at length.
2. TERM.
This Agreement shall commence December 28, 2012 ("Effective Date") and shall expire on
August 31, 2013, unless terminated earlier in accordance with the provisions of this Agreement.
3. COMPENSATION.
3.1 Fee. As full and complete compensation for the Services, Consultant shall be paid a flat
fee of Forty -Three Thousand and Fifteen Dollars ($43,015.00) ("Fee"), which includes all
expenses other than travel, as detailed in the Cost Schedule, which is attached hereto as Exhibit
"C' and incorporated herein for all purposes as though it were set forth at length.
3.2 Travel Reimbursement
In addition to payment of the Fee, the City shall reimburse Consultant for travel -related expenses
(such as airfare, hotel, rental car, and personal car mileage) at Consultant's actual cost, with
PSA — City of Fort Worth and ORC Internation
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no mark up, in an amount not to exceed Six Thousand Seven Hundred and Thirty -Five
Dollars ($6 735.00). Personal car mileage will be billed at standard IRS business mileage rates
in effect at the time of travel.
3.3 Structure of Payments
i. Payment of the Fee and Travel Reimbursement will be made monthly in arrears
ii. For payment of the Fee, the Consultant will issue monthly invoices for all work
performed during the previous month based on the percentage of work completed during that
month.
For Travel Reimbursement, the Consultant will submit monthly reimbursement request invoices
indicating the travel expenses incurred in connection with the provision of Services during the
previous month along with receipts documenting each travel related expense for which
reimbursement is being sought.
All required invoices shall be submitted to Aaron Cummins, 1000 Throckmorton, Fort
Worth, Texas 76102. If the City requires additional reasonable information in connection with
any invoice, it shall request the same promptly after receiving the above information and the
Consultant shall provide such additional reasonable information to the extent the same is
available.
iv. On full and final completion of the Services, Consultant shall submit a final invoice, and
City shall pay any balance due within 30 days of receipt of such invoice.
✓ . In the event of a disputed or contested billing or reimbursement invoice, only the portion
being contested will be withheld from payment and the undisputed portion will be paid. City will
exercise reasonableness in contesting any bill, reimbursement invoice, or portion thereof. No
interest will accrue on any contested amount until the contest has been mutually resolved.
✓ i. For contested billings and reimbursement requests, the City shall make payment in full
to Consultant within 60 days of the date the contested matter is resolved If City fails to make
such payment, Consultant may after giving 7 days' written notice to City, suspend services
u nder this Agreement until paid in full, including interest calculated from the date the billing
contest was resolved. In the event of suspension of services, Consultant shall have no liability to
City for delays or damages caused to City because of such suspension of services.
3.4. Maximum Obligation. Under no circumstances shall the City's cumulative
monetary obligation to the Consultant for all Fees and Travel Reimbursement under this
Agreement exceed Forty -Nine Thousand Seven Hundred and Fifty Dollars ($49,750.00).
Consultant shall not perform services for the City in excess of the amount unless the parties
execute a signed, written amendment increasing the amount. The City shall not be liable for
any additional payment to Consultant absent a signed, written amendment.
4. TERMINATION.
4.1. Convenience.
The City or Consultant may terminate this Agreement at any time and for any reason by
providing the other party with 30 days' written notice of termination.
4 2 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
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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 have been appropriated
4.3 Breach.
Subject to Section 29 herein, either party may terminate this Agreement for breach of
duty, obligation or warranty upon exhaustion of all remedies set forth in Section 29
4.4 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City shall
pay Consultant for services actually rendered up to the effective date of termination and
Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Consultant shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event Consultant has
received access to City information or data as a requirement to perform services hereunder,
Consultant shall return all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 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 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.
5.2 Confidential Information. Consultant for itself and its officers, agents and employees,
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.
5.3 Unauthorized Access. 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, in which event,
Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years, 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 Contract 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.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, or the final conclusion of any audit commenced during the said three years
have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the subcontract, and further
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that City shall have access during normal working hours to all subcontractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent
contractor as to all rights and privileges and work performed under this agreement, 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. It is further understood that the City shall in no way be considered a Co -
employer or a Joint employer of Consultant or any officers, agents, servants, employees or
subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees or
subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant shall
be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents, servants, employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF ANY KIND OR 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
EM PLOYEES.
B INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
ASSIGNMENT AND SUBCONTRACTING.
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 of the Consultant under this Agreement prior to the
effective date of 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.
10. INSURANCE.
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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:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Consultant, its employees, agents,
representatives in the course of the providing services under this 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.
10 2 General Requirements
(a) The commercial general liability and automobile liability policies shall name the City as an
additional insured thereon, as its interests may appear. The term City shall include its
employees, officers, officials, agents, and volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in
favor of the City of Fort Worth.
(c) 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
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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.
(d) The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(f)
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.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws ordinances rules and regulations and that any work it produces
in connection with this agreement will also 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.
12. NON-DISCRIMINATION COVENANT.
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. 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.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To the CITY:
City of Fort Worth
Attn: Susan Alanis, Assistant City Manager
April Szlaga, Operations Director
1000 Throckmorton
Fort Worth TX 76102-6311
Facsimile (817) 392-8654
With Copy to the City Attorney
At same address
14. SOLICITATION OF EMPLOYEES.
To Consultant:
ORC International Inc.
Attn: Marc Litvinoff, President
902 Carnegie Center, Suite 220
Princeton, NJ 08540-6530
Facsimile. (609) 452 5299
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
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Page 6 of 14
independent Consultant, 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 Notwithstanding the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS/IMMUNITIES
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
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.
17. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to 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.
18. 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.
19. 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 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.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed
a part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have had the opportunity to review and
revise 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 any
exhibits hereto.
22. AMENDMENTS.
No amendment of this Agreement shall be binding on a party hereto unless such amendment is
set forth in a written instrument, which is executed by an authorized representative of each party.
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23. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
24. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30)
days from the date that the services are completed. In such event, at Consultant's option, Consultant
shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms
with the warranty, or (b) refund the fees paid by the City to Consultant for the nonconforming services.
25. NETWORK ACCESS.
If Consultant, and/or any of its employees, officers, agents, servants or sub -contractors (for
purposes of this section "Consultant Personnel"), requires access to the City's computer network in order
to provide the services herein, Consultant shall execute and comply with the Network Access Agreement
and incorporated herein for all purposes.
26. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant
shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
u pon request, provide the City with a sworn and notarized document verifying that Consultant maintains
o n file copies of all 1-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Consultant shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such services.
Consultant shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities
due to violations of this provision. City shall have the right to immediately terminate this Agreement for
✓ iolations of this provision by Consultant.
27. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if either City or Consultant has a claim,
dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that
arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute
resolution process. The disputing party shall notify the other party in writing as soon as practicable after
discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's
specific reasons for such dispute. Within ten (10) business days of receipt of the notice both parties shall
commence the resolution process and make a good faith effort, either through email, mail, phone conference
in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in
question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute
within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter
to non -binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of
both parties in accordance with the Commercial Arbitration Rules & Mediation Procedures of the American
Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be
agreed to by the parties. Each party shall be liable for its own expenses including attorney's fees;
however the parties shall share equally in the costs of the mediation. If the parties cannot resolve the
dispute through mediation then either party shall have the right to exercise any and all remedies available
under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a
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dispute in accordance with this informal dispute resolution process, the parties agree to continue without
delay all of their respective duties and obligations under this Agreement not affected by the dispute
Either party may before or during the exercise of the informal dispute resolution process set forth herein,
apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such
relief is necessary to protect its interests.
28. SIGNATURE AUTHORITY.
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. This Agreement and any
amendment hereto, may be executed by any authorized representative of Consultant whose name, title
and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Exhibit "D" and incorporate herein by reference. Each party is fully entitled to rely on these warranties
and representations in entering into this Agreement or any amendment hereto.
29. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement collectively "Work Product' Further, City shall be the sole and exclusive owner of
all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product
Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation
or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within the meaning
of the Copyright Act of 1976 as amended If and to the extent such Work Product, or any part thereof, is
not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended,
Consultant hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret and all other
proprietary rights therein, that the City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of the City.
30. ENTIRETY OF AGREEMENT.
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.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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ITNESS WH REOF, the parties hereto have executed this Agreement in multiples this day of
,2013.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Ma"—-21‘t/lA^:°
—
Su an A nis
Ass City Manager
Date: I / 2$ 1 I 3
ATTEST:
By:
APPROVED
By:
Denis O. McElroy/
Assistant City At
CONTRACT AUTHORIZATION:
M&C: C g60
Date Approved:
ORC INTERNATIONAL, INC.:
CUL Ce
Name: Marc Litvinoff
Title President
Date:
ATTEST:
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PSA — City of Fort Worth and ORC International, Inc. Page 10 of 14
EXHIBIT A
STATEMENT OF WORK
Review of existing research
2. On -site meeting with Mayor and Council members, City Manager and staff. Anticipate one full
day on -site
Design a survey instrument including applicable measures from ORC's CityMarksTM Community
Assessment survey if/as appropriate, to enable benchmarking on these. The questionnaire
overall utilizes a performance -based framework that covers basic services and amenities,
strategic direction, value of services vs. taxes and fees, residents' engagement with the
community and more and development of custom questions to address specific issues facing Fort
Worth
a. We anticipate a 15 to 20 minute survey with no more than 2 open-ended questions
b. Survey will be administered in English and Spanish
3. Administer survey to a random sample of Fort Worth households using an address -based
sampling methodology and mixed mode (phone (50%) and online (50%)) data collection
a. Sample can be stratified by Council district
b Ensure representation of Hispanic and African -American residents roughly
proportionate to their incidence in the population
c. Sample quotes shown for four sample size
5. Analysis to include:
a. Up to 3 sets of banner tabulations
b. Benchmarking (national average, cities of similar size, census division, selection from
107 benchmark cities)
c. Calculation of 5-Star Rating
d. Key Drivers Analysis
6. Deliverables
a. Top line Summary (Frequency Report) within 72 hours after data collection is complete
b. Draft and Final Reports
c. On -Site Presentation to staff, individual meetings with Mayor and Council members as
needed
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EXHIBIT B
SERVICE SCHEDULE
Survey Process
First Draft of Survey Submitted
S urvey Finalized
City Approves Survey
City Administration Begins
S urvey Administration Concludes
P reliminary Survey Findings in Draft
P resentation of Final Findings to City Council
PSA — City of Fort Worth and ORC International, Inc.
Dates
January 22, 2013
January 25, 2013
January 29, 2013
February 13, 2013
February28, 2013
I March 28, 2013
I June 4, 2013
Responsibility
Vendor
City
City
I Vendor
I Vendor
I Vendor
I Vendor
Page 12 of 14
EXHIBIT C
COST SCHEDULE
Key Staff
Rebecca Elmore-Yalch, Managing Director
P ublic & Civic Services
Research Director
P roject Director
Research Operations (CATI/Web
P rogramming, Data Processing, Sampling)
Data Collection (includes supervision and
Management)
Items
P rofessional Services
Data Collection
Operations
Benchmarking/Key Drivers
Total Labor
Direct Costs
P rinting/Mailing
Sample
Total Direct Costs
Total w/Direct Costs
n=800
$14,485
$8,270
$7,175
$2,500
$32,430
$7,895
$2,690
$10,585
$43,0151
Hourly Rate
$310.00
$205.00
$125.00
$97.50
$24.75
n=800
24
40
60
95
325
Direct costs include 10% mark-up for handling, management, and general administration
Costs do not include travel.
$6,735.00.
Travel is billed at direct costs, no mark-up, but not to exceed
PSA — City of Fort Worth and ORC International, Inc.
Page 13 of 14
3 viticat-Ae
oanotypc.
/7)A_Aati,
EXHIBIT
VERIFICATION OF SIGNATURE AUTHORITY
ORC International, Inc.
600 University Street, Suite 2704
Seattle, WA 98101-4151
Agency hereby agrees to assist the City in surveying citizens to gather information regarding
resident's attitudes and opinions about City services and the major issues facing City. In particular,
Consultant will perform all duties outlined and described in the Statement of Work, which is attached
hereto as Exhibit "A" and incorporated herein for all purposes as though it were set forth at length.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind the Company and to execute any agreement,
amendment or change order on behalf of Company. Such binding authority has been granted by proper
order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the
warranty and representation set forth in this Form in entering into any agreement or amendment with
Company. Company will submit an updated Form within ten (10) business days if there are any changes
to the signatory authority. The City is entitled to rely on any current executed Form until it receives a
revised Form that has been properly executed by the Company.
1. Name:
Position:
Signature
2 Name:
P osition;. 1
U
S ignature" sr
3. Name':
P osition:
S ignature
Name:
Signature of Presidenti CEO
Other Title:
Date:
PSA — City of Fort Worth and ORC International, Inc.
Page 14 of 14