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HomeMy WebLinkAboutContract 45598 (2)CITY SECRETARY CONTRACT NO. ` PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on YY\(A sJ lJ1 , 2014 ("Effective Date") by and between the City of Fort Worth ("City"), a home -rule mbnicipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Rincon & Associates, LL;C, ("Consultant"), a Texas corporation, acting by and through Edward T. Rincon, its duly authorized President. City and Contractor shall collectively be referred to as the "Parties." WHEREAS, the City applied for and received grant funds from The Wallace Foundation to improve learning and enrichment opportunities for children through, among other things, building systems to provide children with aftei-school, summer, and other out -of -school time programs for all of Fort Worth's youth; WHEREAS, during the term of The Wallace; Foundation grant, the City, through its Parks and Community Services Department, will use the grant funds to initiate a citywide system to support and strengthen the afterschool and summer programming in the local community and throughout the City of Fort Worth, said program otherwise known as Strengthening Programs through Advocacy, Resources, and Collaboration ("SPARC"); WHEREAS, the City issued a request for proposals to solicit bids from market research firms to conduct a study to support and strengthen public and private afterschool and summer programs as part of the SPARC initiative; WHEREAS, the City received three responses and evaluated each company's history and experience conductingsimilar market research, qualifications and experience of the project team, p approach to the project, geographic information systems (GIS) mapping capability and experience, timeline and cost of services, quality of samples of relevant work, references, and M/WBE participation; i WHEREAS, after a comprehensive selection City chose Consultant; and NOW, THEREFORE, in consideration of the agree as follows: process taking into account the above factors, the mutual covenants herein expressed, the parties 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional services for the purpose of conducting a study of the need and demand for programming for school -aged children and teens during the out -of -school -time hours for the City's SPARC initiative. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work, more specifically describing the services to be provided hereunder ("Services"). 2. TERM. Unless terminated earlier in accordance with the provisions herein, this Agreement shall commence on the Effective Date and expire on the last day of the month following one year after the Effective Date or when final payment has been rendered by the City, whichever is earlier. Professional Services Agreement with Rincon & Associates, LLC RECEIVED MAY 14 7014 OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX • 1 of 15 3. COMPENSATION. 3.1 The City shall pay Consultant an amount not to exceed $89,751.00 in accordance with the provisions of this Agreement and the Budget attached as Exhibit "B," which is incorporated for all purposes herein. 3.2 Payment shall be made based on monthly invoices submitted by the Consultant, which must contain the City's contract number, total amount due, progress updates concerning the tasks or deliverables completed, and the date provided for the billing period. If the City requires additional documentation, it shall request the same promptly after receiving the above -described information, and the Consultant shall provide such additional documentation to the extent the same is available. 3.3 Invoices shall be submitted no later than the 10`f day following the end of the month and sent to Sheri Endsley, Parks and Community Services Department, 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115. 3.4 The City shall pay the monies within thirty (30) calendar days after receipt of an invoice from the Consultant unless there is a dispute as to the information provided in the invoice or Services performed. In the event of a disputed or contested billing, the City shall notify the Consultant not later than the 215t calendar day after the City receives the invoice. Only that portion so contested may be withheld from payment, and the undisputed portion will be paid If any dispute is resolved in favor of the City then the Consultant shall submit a corrected invoice to the City, which shall be paid within (30) calendar days after the City receives said invoice. 3.5 Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Termination for Cause. 4.1.1 The City may terminate this Agreement for its convenience upon ten (10) days written notice to Consultant. Upon 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 Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. If the City terminates this Agreement under this section the City shall pay Consultant for Services actually performed in accordance herewith prier 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. 4.1.2 Consultant may, for any reason, terminate this Agreement upon thirty (30) days wr itten notice to the City Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement on or before the effective date of tei mination. If the Consultant terminates this Agreement under this Professional Services Agreement with Rincon & Associates, LLC 2 of l5 section, the City shall pay Consultant 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 Services. 4.2 Termination for Cause. The City may terminate this Agreement for cause in the event Consultant fails to perform in accordance with the twins and conditions contained herein. In such event the City shall give Consultant written notice of Consultant's failure to perform, giving Consultant fourteen (14) calendar days to come into compliance with the Agreement's requirements. If Consultant fails to come into compliance with this Agreement, City shall notify Consultant, in writing and this Agreement shall be terminated as of the date of such notification. Termination of this Agreement under this provision shall not relieve the Consultant of any damages resulting from a breach or a violation of the terms of this Agi eement. 4.3 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 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 foi which funds shall have been appropriated. 4.4 Upon termination of this Agreementfor any reason, Consultant shall provide the City with originals and copies of all completed or partially completed work prepared under this Agreement within thirty (30) calendar days after the effective date of termination, unless otherwise stated in this Agreement. 5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS. 5.1 City shall own all right, title, and interest in the work produced by Consultant under this Agreement (collectively, "Work Product ) at all times throughout the world. Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and othei 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 and City will be considered the author of the Work Product, with all rights appurtenant thereto. 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, sells and transfers, and to the extent any such assignment, sale, or transfer cannot be made at the present time to City, agrees to assign, sale, and transfer, 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. Consultant shall have no copyright or othei intellectual property interest in the Work Product. 5.2 The City shall have access to and be entitled to review and copy any portion of the Work Product at any time. Professional Services Agreement with Rincon & Associates, LLC 3 of 15 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 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 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 a third party without the pi ior written approval of the City. Consultant shall store and maintain City information in a secure manner and shall not allow unauthoi ized 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. 7. RIGHT TO AUDIT. 7.1 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 at reasonable times any directly pertinent books documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access dining 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 7.2 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, 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 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. 8. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein 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 supei ior 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. 9. LIABILITY AND INDEMNIFICATION. 9.1 CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, Professional Services Agreement with Rincon & Associates, LLC 4 of 15 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 EMPLOYEES. 9.2 CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, WILFUL", MISCONDUCT, OR MALFEASANCE OF CONSULTANT, AND ITS OFFICERS, AGENTS, SERVANTS, SUBCONTRACTORS, OR EMPLOYEES. 10. 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 under this Agieement prior to the assignment. If the City giants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant ieferencmg 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. 11. INSURANCE. 11.1 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: 1 1.1.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Professional Services Agreement with Rincon & Associates, LLC 5 of 15 Coverage shall be onrany vehicle used by the Consultant, its employees, agents, repiesentative,'s 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 m the Texas woi kers' 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 Clai n 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. 11 1.2 Certificates. 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. All policies except Workers' Compensation and Professional Liability shall be endorsed to name the City as an additional insured thereon, as its int crests may appear. All policies shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the conti acted services Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days' notice of cancellation or reduct on in limits of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies 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. Professional Services Agreement with Rincon & Associates, LLC 6 of 15 12. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS. Consultant agrees to 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 13. 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 disci iminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law including Chapter 17, Article III of the Code of the City of Fort Worth. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant its personal representatives, assigns, subcontractors of successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless fiom such claim. 14. NOTICES. Notices required pursuant to the provisions ofthis Agreement shall be conclusively determined to have been delivered by the other party by United I States Mail, registered, return receipt requested addressed as follows: To The CITY: City of Foi t Worth Attn: Assistant City Manager 1000 Throckmorton Street Fort Worth, TX 76102-6311 With Copy to: City Attorney Same address 15. SOLICITATION OF EMPLOYEES. To CONSULTANT: Rincon & Associates, LLC Edward T. Rincon 6500 Greenville Avenue, Suite 120 Dallas, TX 75206 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 independent contractor, any person who is or has been employed by the other during the teim of this Agreement, without the prior written consent of the pe>son's employer. 16. GOVERNMENTAL POWERS. It is understood and agieed that by execution of this Agreement, the City does not waive or surrendei any of its governmental powers. Professional Services Agreement with Rincon & Associates, LLC 7 of I5 17. 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. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of 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. 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 shalli not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), 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 authoi ity, 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. 22. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised 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 exhibits hereto. 23. AMENDMENTS / MODIFICATIONS / EXTENSIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. Professional Services Agreement with Rincon & Associates, LLC 8 of 15 24. 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. 25. 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. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH: isan Alanis Assistant City Manager Date: 5/LJot4' APPROVED AS TO FORM AND LEGALITY: ATTIC T: ant City Attorney tary CONTRACT AUTHORIZATION: M&C: P-11639 April 15, 2014 V RINCON & ASSOCIATE, LLC y Date: Adver,61,4 Edward T. Rincon President Professional Services Agreement with Rincon & Associates, LLC - 9 of 15 OFFICIAL RECORD CITYSECRETARY FtWORTH,TX EXHIBIT A STATEMENT OF WORK AND DELIVERABLES General Statement of Work a. The research will provide City planners and decision -makers with critical information regarding the need and demand for programming foi school -aged children and teens during the out -of- school -time hours (OST) — which includes time before school, after school, school breaks and during the summer. The four key objectives of the research will be to: i. Determine the unmet need foriservices; ii. The kinds of services desired; The existing barriers for families to utilize services; and iv. How the needs and desires vary across the geographic area under study. b. The geographic focus of the research', will be the city limits of the City of Fort Worth. Within the city limits, however, the study will focus on seven school districts: Crowley, Everman Eagle Mountain -Saginaw Fort Worth, Keller, Northwest, and White Settlement. The study reports are expected to be segmented by the City of Fort Worth, the seven school districts, City Council Districts, and Zip Codes. To address the stated objectives, a program of qualitative and quantitative research is expected. 2. Start -Up Meeting. Consultant will conduct a start-up meeting with key City staff to finalize the study specifications, questionnaire content, timing, key contacts reporting requirements, and final project deliverables. Consultant shall conduct a pilot test of the survey with a sample of the target parents to Identify and correct any potential problems 3. Oualitative Research a Consultant shall conduct six (6) focus groups to explore perceptions among school children regarding their perceptions and experiences with after -school programs. Consultant shall perform the following steps for conducting the qualitative research. i. Step 1: Planning meeting with City staff: Consultant shall finalize -- via telephone or email communications -- the focus group plans including, but not limited to, the scheduling, facilities, screening guidelines for participants approved incentives, staff attendance/observation, audio/video needs, and reporting requirements. ii. Step 2: Recruitment: The recruitment activity will be conducted by Consultant with assistance from its subcontractor, Baker Consulting. Consultant shall utilize information from the quantitative research telephone surveys to identify potential participants for the groups that will be comprised of school children enrolled in elementary, middle and high schools who are program or non - program participants in after -school programs. All of the group discussions will be conducted in English because children are the participants, not the parents Professional Services Agreement with Rincon & Associates, LLC 10 of 15 The parents of the invited children will be mailed a letter of invitation, in either English or Spanish, and a map to the facility about two weeks prior to their scheduled session. A total of 15 children pei group will be invited in order to obtain 8-10 participants in each session. iii. Step 3: Conduct groups: Consultant shall conduct a total of six (6) focus groups — that is, 3 focus groups pei day over a two-day period, at community centers provided by City of Fort Worth staff. Consultant and its subcontractor, Baker Consulting, will moderate the focus groups, which are scheduled for 90 minutes each. A bilingual greeter will be available to greet the arriving participants and offer them refreshments while they are waiting. iv. Sten 4: Analysis and reporting: After analyzing all of the recordings for each focus group session, Consultant shall prepare one top -line summary report that discusses the key findings from each group session. A copy of the video recordings will be submitted to the City along with the written report. 4. Ouantitative Research a. The Quantitative research will include both primary and secondary data collection efforts. i. Primary Research. The primary research shall include a random sample of respondents that is large enough to be representative of the population in each of the eight City Council districts. The target audience will include families with children at home who are 5 to 18 years of age, and reflective of the needs of elementary, middle and high school -aged youth. The areas of inquiry expected for the primary research include such topics as: sources of information about after -school and summer programs; level of participation and satisfaction with after -school programs, supervision of children if not in after -school programs; decision -making roles and criteria related to aftei- school programs; preferences for after -school programs related to location, days and times of service, and expected usage per week weekly spending or expected spending per child; barriers to participation in after -school programs; interests in specific types of organized activities, arts and culture activities, and enrollment of children if the services were free; preferences for summer program location; satisfaction/dissatisfaction with current summer program and reasons; demographic information for children of respondents and person completing the survey; primary language spoken in the home; age of respondent; and support for public funding of after -school and summer programs. Consultant shall perform the following steps for conducting the primary research: A. Step 1: Consultant shall select a total random sample of 20,000 telephone households (landline and cell phones) for the study, with representation from each of the eight City Council Districts, using the GIS district file provided by the City. Professional Services Agreement with Rincon & Associates, LLC 11 of 15 B. Step 2: Consultant's, team of bilingual interviewers (English, Spanish, Vietnamese) will call,' each of the selected households up to four times from Monday through Friday in the moaning, afternoon, and evening. C. Step 3: Consultant will screen the household to ensure that it includes a family with a child that is emolled in a previously defined elementary middle off• high school in the City of Fort Worth. After the qualified respondent chooses the appropriate language option, the interview is conducted and expected to take from 12-15 minutes in duration. Step 4: Consultant will monitor the interviewing activity to verify completion of the sample targets by City Council Districts and type of school (elementary, middle or high school). Assuming a sufficient number of available telephone households per City Council District, Consultant shall conduct a total of 2,000 telephone interviews, or 250 interviews, in each City Council District. Overall, the data collection activities should require about 4-5 weeks. E. Step 5: Once the data collection effort ends, the information from the completed surveys will be set up as an SPSS file, examined for inconsistencies and data anomalies, and finalized for statistical analysis. b. Secondary Research. While the primary research is taking place, Consultant will initiate the collection of the secondary data to address other community environmental trends that would help to facilitate understanding of the factors that influence participation in after -school programs Once collected, the data files will be incorpbr ated into SPSS files for statistical analysis. The secondary research is expected to include, but not limited to, the following topics: Number of children by age & types of families residing in each specified geographic area* ii. Texas Education Agency performance measures of schools in the study; iii. Areas with high crime rates; iv. Rate of truancy, chronic truancy, chronic absenteeism and suspension in schools; v. Juvenile justice system involvement (juvenile probation referrals and bookings); vi. Crimes committed against youth 5-18 (homicide, forcible rape, robbery, aggravated assault); and vii. Participants in youth workforceiactivities (by race and ethnicity, by defined areas). c. In addition, the survey questions to be included in the proposed research will be expected to align with questions used in two other studies: (a) 2011-12 Evaluation Report for Fort Worth After School, or (b) Special Report on Summer: Missed Opportunities, Unmet Demand, May 2010. Professional Services Agreement with Rincon & Associates, LLC 12 of 15 5. Analysis and Reporting. Consultant shall] prepare the required cross -tabulations, thematic maps written reports and Power Point presentations The statistical analysis will focus on defining the unmet demand for after -school programs, the types of services desired, barriers to participation, and how the needs vary across geographic areas. In addition, the Consultant shall piepare a multivariate statistical analysis that incorporates the primary and secondary data to differentiate program and non - program participants along the various primary and secondary data attri butes, thus providing a predictive model that may be used by decision -maker's and planners to encourage participation in after - school programs. 6. Deliverables. Project deliverables, which are all captured in the budget below, shall including the following: a. A proposed methodology for conducting the work b. One interim meeting about the analysis to discuss findings c. One top -line written report summarizing the focus group findings d. One meeting to discuss recommendations to include in reports e. A draft and final written report f. Electronic tables of raw data g. A draft and final Power Point pi esentation h. GIS shape files in ESRI format that show significant findings Data charts reflecting findings in specific geographic areas j. Other data that shows significant findings R. Block group thematic maps indicating, areas of demand for after -school and summer services I. Power Point presentations to two audiences 7. Proiected Schedule. The Services are estimated to require up to 12 weeks to complete, as shown on the table below. Consultant shall work with City staff concerning the schedule for Ser vices should any changes be warranted during the term of this Agreement. Week 1 Weeks 2-6 Weeks 7 Week 8-9 Week 10 Week 11 Week 12 Start-up meeting with City staff Telephone survey, secondary research, focus group recruitment Conduct focus group research Top -line focus reports Draft reports for survey and secondary research Presentations Deliver final project deliverables Professional Services Agreement with Rincon & Associates, LLC 13 of 15 EXHIBIT B BUDGET Fort Worth After -School Study -- $89,751 Budget Revised 2/20/2014 STRATEGIC CONSULTING Bakei Consulting SECONDARY RESEARCH Census data analysis TEA school performance measures Crime rates School truancy, absenteeism, suspensions Juvenile probation referrals, bookings Crimes against youth 5-18 Youth workforce participation by race, geo areas. Total Secondary Research REPORTING Draft and final written report Draft and final Power Point presentations Data charts of findings by subgroups (tabs) Other data of significant findings Electronic tables of raw data GIS shape files in ESRI format Block group thematic maps showing demand Total Reporting SURVEY RESEARCH Sample costs Questionnaire design/translation Project management Training interviewers Program CATI and Key Entry Conduct 2,000 phone interviews, 250 per Courjcil District Supervision Long distance costs Employee tax Total Survey Research FOCUS GROUPS (3 focus groups each day for 2 days, for a total of 6 groups) Screener design Discussion guide design & translation Sample management Recruitment of 15 families per group Hostess Audio/video setup Moderating Topline report Professional Services Agreement with Rincon & Associates, LLC COST $ 3,000 $ 400 $ 400 $ 500 $ 500 $ 500 $ 500 $ 500 $ 3,300 $ 6,000 $ 1,000 $ 1,500 $ 1,500 $ 100 $ 200 $ 1,000 $ 11,300 $ 4,000 $ 1,500 $ 8,000 $ 768 $ 1,180 $ 16,000 $ 1,800 $ 2,000 $ 8,189 $ 43,437 $ 500 $ 500 $ 500 $ 4,800 $ 454 $ 1,800 $ 4,500 $ 4,800 Total Focus Groups $ 17,854 14 of 15 MEETINGS 1 interim meeting about analysis 1 meeting to discuss recommendations for report Power Point presentation to 2 audiences Total Study Budget $ 450 $ 450 $ 1,800 Total Meetings $ 2,700 Direct Costs $ 81,592 Indirect Costs (10%) I $ 8,159 $ 89,751 Professional Services Agreement with Rincon & Associates, LLC 15 of 15 M&C Review I DATE: CIL A COUNCIL ACTION: Approved on 4/15/2014 4/15/2014 REFERENCE NO.: CODE: P SUBJECT: TYPE LOG NAME PUBLIC HEARING: Authorize Execution of a Contract with Rincon & Associates, LLC, to Conduct a Market Research Study for School -Aged Children and Teens as Part of the City's SPARC Initiative in the Amount Up to $89,751.00 (ALL COUNCIL DISTRICTS) Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTI I **P-11639 CONSENT 13P13-0277 MARKET RESEARCH STUDY DLG NO RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Rincon & Associates, LLC, to conduct a market research study for school aged children and teens as part of the City's SPARC initiative in the amount up to $89,751.00. DISCUSSION: The Parks and Community Services Department (PACS) will use this contract for the purpose of conducting a study of the need and demand for programming for school -aged children and teens during the Out -Of -School -Time (OST) hours to support its citywide OST initiative known as Strengthening Program through Advocacy Resources, and Collaboration (SPARC). SPARC originated as part of a grant funded program sponsored by The Wallace Foundation with the purpose of initiating a citywide system to support and strengthen the afterschool and summer programming in the local community and throughout the City of Fort Worth. The study will culminate with deliverables that can be used for planning and decision making for future after school programs. The Request for Proposals (RFP) consisted of detailed specifications for a market research firm to conduct a study to support and strengthen public and private afterschool and summer programs in the greater Fort Worth area. Responses were evaluated on the following criteria: history of company (s) and experience conducting similar market research, qualifications and experience of project team, approach to the project, Geographic Information Systems mapping capability and experience, timeline and cost of services, quality of samples of relevant work, references, and M/WBE participation. The evaluation team consisted of representatives from PACS and the M/WBE Office Through the evaluation process, Rincon & Associates, LLC, was determined to have submitted the best evaluated proposal. PRICE ANALYSIS - The City has no recent purchasing history for similar services. PACS reviewed the pricing and determined it to be fair and reasonable. RFP ADVERTISEMENT - This RFP was advertised in the Fort Worth Star -Telegram every Wednesday starting on September 25, 2013 through October 23, 2013. Twenty-six vendors were solicited from the purchasing database; three responses were received. M/WBE OFFICE - Rincon & Associates, LLC, is in compliance with the City's BDE Ordinance by committing to 10 percent MBE African American participation on the project. The City's MBE African American goal on this project is 10 percent. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager in the amount up to $22 437 75 and does not require specific City Council approval as long as sufficient funds have been appropriated. CONTRACT TERM - The contract shall be for a period of one year, unless terminated earlier pursuant to the terms of the contract. http://apps.cfwnet.org/council packet/mc review. asp?ID=1 95 8 0&councildate=4/1 5/20 1 4 5/15/2014 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. BQN\13-0277\DG TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 080497465030 $89,751.00 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Available Funds 497465.pdf Susan Alanis (8180) Aaron Bovos (8517) Jack Dale (8357) Darian Gavin (2057) http://apps.cfwnet.org/council_packet/mc review.asp?ID=1 95 8 0&councildate=4/1 5/20 1 4 5/15/2014