Loading...
HomeMy WebLinkAboutContract 45353 (2)i3 fljli\. ` ll .hkrimaccir ma. c_:: „ STATE OF TEXAS KNOWN ALL BY THESE PRESENTS' COUNTY OF TARRANT This Contract is entered into by and between the City of Fort Worth ("City"), a home -rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Charles Daniels, its duly authorized Assistant City Manager, and Action Research, a California corporation ("Contractor"), acting through Jennifer J. Tabanico, its duly authorized President. City and Contractor may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH: That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1. SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". ARTICLE 2. COMPENSATION Section 1. Fee Schedule. Contractor shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of one hundred thirty four thousand, nine hundred eighty dollars ($134,980) and the Citv will not be liable for anv Contractor fees. costs. or other remuneration in excess of this amount unless the City has signed and issued a formal amendment to this contract. Professional Services Contract Recycling Study 2013 - Action Research OFFICIAL RECORO e�1-, off- F � , �s . . iti;;IT. WORtwU, T The Contractor shall provide monthly invoices to the City Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor s invoice for payment of same. In the event of a disputed or contested billing only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. Contractor shall receive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the Contractor are caused by the City's gross negligence. ARTICLE 3. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution. ARTICLE 4. INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor, and not as an officer agent servant, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. ARTICLE 5. PROFESSIONAL COMPETENCE AND INDEMNIFICATION Work performed by Contractor shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approvals issued by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of Contractor or its officers, agents employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder, which shall be performed in accordance with the applicable professional standard of care. Professional Services Contract Page 2 of 17 Recycling Study 2013 - Action Research In accordance with Texas Local Government Code Section 271.904, the Contractor shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Contractor or Contractor's agent, contractor under contract, or another entity over which the Contractor's exercises control. ARTICLE 6 INTELLECTUAL PROPERTY Section 1. Rights in data. The City shall have unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract. Section 2. Intellectual property rights and ownership. All work product developed by Contractor under this contract shall be the sole property of the City and the City shall have unlimited rights in such work product. All work product developed by Contractor under this contract shall be considered "work for hire' and rights, title, and interests to all intellectual property shall vest in the City. Contactor affirmatively, by executing this contract, disclaims all such intellectual property interests in favor of the City. In the event that any rights, title, or interest shall by operation of law or otherwise fail to vest in the City or become void or voidable, Contractor shall a) transfer all rights, title, and interest to intellectual property to the City; or alternatively and at the discretion of the City the Contractor shall b) grant an unlimited and exclusive license for publication, sale, reproduction or use by the City and its authorized sublicensees of all intellectual property developed under this contract. Contractor agrees to timely execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State's ownership, license, or other rights to any work product. Contractor shall not use, sell, transfer, or authorize a third party to use any work product, copyrights, trademarks, or other intellectual property (or derivatives thereof) of the work product developed under this contract without the express written consent of the City. Professional Services Contract Page 3 of 17 Recycling Study 2013 - Action Research ARTICLE 7 INDEMNIFICATION Section 1. General Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PREEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS FEES AND COSTS OF INVESTIGATION AND LITIGATION ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, VENDORS, AND SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. THIS INDEMNIFICATION INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING: a. SOLE OR JOINT NEGLIGENCE b. ANY CLAIM FOR DAMAGE TO A PERSON'S REAL OR PERSONAL PROPERTY INTEREST, OR PERSONAL INJURY, AND/OR DEATH. c. ANY INTENTIONAL TORT, FRAUD, MALACE, MALFEASANCE, OR CRIME d. VIOLATION OF A LAW, REGULATION, OR CONSTITUTIONAL RIGHT e. BREACH OF ANY DUTY TRIGGERING STRICT LIABILITY f. THE INFRINGEMENT OF ANY TANGIBLE, INTANGIBLE, OR INTELLECTUAL PROPERTY INTEREST OF ANY PERSON g. FAILURE TO PAY A DEBT INCURRED PARTIALLY OR WHOLLY IN PERFORMANCE OF THIS CONTRACT FOR THE PURPOSES OF THIS ARTICLE, DAMAGES SHALL BE CONSTRUED BROADLY TO INCLUDE CURRENT AND FUTURE DAMAGES, AND DIRECT AND INDIRECT DAMAGES SUCH AS PUNATIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES. Section 2. The obligations of the Contractor under this Article shall include, but not be limited to, the burden and expense of defending all claims, suits and Professional Services Contract Page 4 of 17 Recycling Study 2013 - Action Research administrative proceedings (with counsel reasonably approved by the City), even if such claims suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, City shall provide Contractor with reasonable timely notice of same. The obligations of the Contractor under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 8 INSURANCE Section 1. Insurance coverage and limits The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. 1. Commercial General Liability $2,000,000 each occurrence $1,000,000 aggregate 2. Automobile Liability $1,000 000 each accident or $250,000 property damage / $500,000 bodily injury per person per accident The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 3. Worker's Compensation Coverage A: statutory limits Coverage 11 $100,000 each accident $500,000 disease - policy limit Professional Services Contract Page 5 of 17 Recycling Study 2013 - Action Research $100,000 disease - each employee Section 2. Additional Insurance Requirements 1 Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The -term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City A ten (10) days notice shall be acceptable in the event of non-payment of premium. S uch terms shall be endorsed onto Contractor's insurance policies N otice shall be sent to Department of Financial Management S ervices - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7 Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. Professional Services Contract Page 6 of 17 Recycling Study 2013 - Action Research 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12 Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. ARTICLE 9. LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. ARTICLE 10 TRANSFER OR ASSIGNMENT City and Contractor each bind themselves, and their lawful successors and assigns, to this Agreement. Contractor has been engaged as a consequence of Contractor's specific and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the City. Contractor, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Professional Services Contract Page 7 of 17 Recycling Study 2013 - Action Research ARTICLE 11. RIGHT TO AUDIT (a) Contractor 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 any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting contractor 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 work space in order to conduct audits in compliance with the provisions of this article. City shall give Contractor and any subcontractor reasonable advance notice of intended audit. (c) Contractor and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE 12. DIVERSITY BUSINESS ENTERPRISE (DBE) PARTICIPATION In accordance with the City's Business Diversity Enterprise (BDE) Ordinance No 20020-12-2011, the City has established goals for the participation of BDEs in City contracts. Unless a waiver of DBE goals has been authorized by the City, Contractor hereby acknowledges the BDE goals established in the Contract Documents for this project and affirms its contractually enforceable agreement to achieve those goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Professional Services Contract Page 8 of 17 Recycling Study 2013 - Action Research ARTICLE 13. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non- discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 14. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 15. DEFAULT If Contractor fails to begin work or to complete work within the time specified in a Task Order City shall have the right to take charge of and complete the work in Professional Services Contract Page 9 of 17 Recycling Study 2013 - Action Research such a manner as it deems appropriate. If the City exceeds the costs detailed herein or in the Task Order City may deliver to Contractor a written itemized statement of the excess costs and Contractor shall reimburse the City for such excess costs without delay. If at any time during the terms of this contract, the work of the Contractor fails to meet the specifications of the Contract Documents or to meet the standards of duty, care, or proficiency of a reasonable and competent Contractor, City may notify the Contractor of the deficiency in writing. Failure of the Contractor to correct such deficiency and complete the work required under this contract or a Task Order to the satisfaction of the City within ten (10) days after written notice shall constitute default, and shall result in termination of this contract. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. ARTICLE 16. TERMINATION City may terminate this contract without cause by giving thirty (30) days written notice to Contractor. In the event of termination, any work in progress will continue to completion unless otherwise specified in the notice of termination. If the City terminates this contract under this provision, City shall pay Contractor for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the City may have. All data and completed or partially completed documents prepared under this contract shall be promptly turned over to the City upon termination of this contract. ARTICLE 17. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision 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. This Agreement shall be construed in accordance with the laws of the State of Texas. Professional Services Contract Page 10 of 17 Recycling Study 2013 - Action Research ARTICLE 18. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 19. HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. ARTICLE 20. 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 but one and the same instrument. ARTICLE 21. SEVERABILITY The provisions of this Agreement are severable and if any word, phrase clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 22. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision Professional Services Contract Page 11 of 17 Recycling Study 2013 - Action Research or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. All costs and attorneys fees incurred by the City in the enforcement of any provision of this contract shall be paid by the Contractor. The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this contract and by law. ARTICLE 23. NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: If to the City: If to the Contractor: City of Fort Worth Kim Mote Assistant Director Code Compliance Department 1000 Throckmorton Street Fort Worth, Texas 76102-6311 Action Research 3630 Ocean Ranch Blvd. Oceanside, CA 92056 ARTICLE 24. WARRANTY Contractor further warrants that it will perform all services under this Contract in a safe efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. ARTICLE 25 NO THIRD -PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third Professional Services Contract Page 12 of 17 Recycling Study 2013 - Action Research party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 26. ENTIRETY This contract, the contract documents and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this contract and any other contract documents, then the terms of this contract shall govern. The official copy of this contract as filed with the City Secretary shall be the definitive copy in the case of any dispute as to the contents of this agreement. The Remainder of This Page is Intentionally Left Blank Professional Services Contract Page 13 of 17 Recycling Study 2013 - Action Research ATTACHMENT A. SCOPE OF WORK Consultant agrees to provide the City with professional services as described in its proposal which is attached herewith and which constitutes the Scope of Work under this contract: Step1 • Behavior Selection • The first step of the project is to prioritize target behaviors. To accomplish this Action Research will review and provide an analysis of a controlled bin audit of 400 randomly selected households. • Both the garbage and recycling bins will be characterized, for a total not to exceed 800 bin audits. • The City of Fort Worth is supplying a vendor to carry out the bin audits. Recurring bin sorts will provide an ongoing source of data about the program, and highlight neighborhoods to target through campaign activities. Step 20 Barrier and Benefit Research • The second step of the program helps us to better understand the factors that influence people in Fort Worth to recycle or not recycle. To carry out this step Action Research will be responsible for conducting in -person interviews with the households that participated in the bin audits. • Results from these interviews will used to determine what behaviors need to be targeted in the next step, strategy development. o This survey data is an important part of understanding information gathered from the bin sorts. Interviews will be focused on specific items that were frequently found in the incorrect bin and be used to identify any widespread misunderstanding of whether or not certain items are recyclable. Action Research will assist the City to develop specific questions for the interviews. o Action Research will use information derived from the interviews to target certain behaviors or tailor messages to achieve the most change. Professional Services Contract Page 14 of 17 Recycling Study 2013 - Action Research Step 3k Develop Strategies • Using results from the barrier and benefit interviews, Action Research will work with the City to select behavior change tools that directly address the barriers to the target behaviors. Action Research will recommend strategies that are tailored to the characteristics of the target audience. • Behavior change tools such as social norms and commitment will be selected based on their fit with the identified barriers and benefits. Action Research will recommend tools and how they should be used based on the information gathered during Step 2 and 3. Step 4: Pilot Test Strategies • Action Research will design a pilot program to test the effectiveness of the proposed strategies. o Action Research will develop a methodology for randomly assigning target audience members to treatment or control groups. o Roughly 200 houses will be targeted for the pilot test. o Action Research will use the Pilot testing to determine the effectiveness of specific programs and highlights areas where changes need to be made before widespread implementation by the City. o Action Research will work with the City to refine strategies the pilot before widespread implementation. Step 5. Evaluation and Final Report • Once Steps 1 through 4 are complete, Action Research will analyze the data and evaluate the program for its effectiveness at increasing residential recycling and reducing contamination in the City of Fort Worth. • Action Research will prepare a final report summarizing the findings. The Remainder of This Page is Intentionally Left Blank Professional Services Contract Page 15 of 17 Recycling Study 2013 - Action Research ATTACHMENT B FEE SCHEDULE Prices for services rendered under this contract will be as specified for each step in the schedule provided by the Contractor, as shown below. The total fee for services under this contract shall not exceed $134,980. Step 1 : Behavior Selection 2: Barrier & Benefit Research 2a: Conduct in -person interviews with households that participated in bin audits. 3. Develop Strategies 4: Pilot Test 50 Evaluation and Report Total Cost $11,300 $23,600 $59,800 $16,280 $9,800 $14,200 $134,980 The Remainder of This Page is Intentionally Left Blank Professional Services Contract Recycling Study 2013 - Action Research Page 16 of 17 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals on the dates written below, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: harles Daniels Assistant City Manager Date Signed: oZ. 406. /ife RECOMMENDED: 9 40/( 'Kim Mote Assistant Director APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney ATTEST: Mary J. Kayser City Secretary ZO/14 Date y Professional Services Contract Recycling Study 2013 - Action Research ACTION RESEARCH Jennifer J. Tabanico President Witness Seal: OFFI©W RECORD ©ITV SECRETARY Page"ir7'W7% TX COUNCIL ACTION: Approved on 10/7/2013 DATE• CODE• SUBJECT: 10/7/2013 REFERENCE NO.: **C-26488 C LOG NAME: PUBLIC HEARING: Authorize Execution of a Professional Services Agreement with Action Research, Inc., in the Amount not to Exceed $134,980.00 to Conduct a Pilot Program in Conjunction with Keep America Beautiful to Increase Residential Recycling Participation (ALL COUNCIL DISTRICTS) TYPE: CONSENT 23ACTION RESEARCH NO RECOMMENDATION: It is recommended that City Council authorize the execution of a Professional Services Agreement with Action Research, Inc , in the amount not to exceed $134 980.00 to conduct a pilot program in conjunction with Keep America Beautiful using a Community -Based Social Marketing approach which seeks to better understand and overcome barriers for residents in order to increase residential recycling participation. DISCUSSION: The City's current residential diversion rate (waste diverted from landfill disposal) is approximately 24 to 25 percent. The goal set at the start of our current residential collection program in 2003 was to achieve a 40 percent diversion rate. The United States Environmental Protection Agency estimates that over 60 percent of the residential waste stream is recyclable. The City's collection program is e asily robust enough to handle an increase to these levels if, at the point of decision, Fort Worth residents would choose to recycle items versus disposing of them as waste in the garbage cart What n eeds to occur is a change in behavior. The City desires to work with Action Research, Inc (Action Research), to test processes that could affect behavior modification in Fort Worth. The Community -Based Social Marketing (CBSM) approach proposed by Action Research is an effective framework in which to explore, execute and evaluate what steps can be taken to increase recycling behavior at the household level. It is often the case that standard public education messages are ineffective to induce behavior change and lasting improvement What this research will accomplish is measurable behavior change that will increase recycling rates. This research will uncover ways to discover residents' perceptions about potential barriers to recycling. Furthermore, it will help identify what behavior modification tools can be instituted to increase recycling and ways to design educational outreach campaigns for different target audiences. This will be cost-effective by allowing the City to target its recycling education and o utreach program more effectively. Keep America Beautiful has invited the City to partner with them on a pilot program to effect a change in behaviors at the residential level. This contract is being executed as a sole source as Keep America Beautiful has adopted this as a formalized pilot program for national application. TERM: This Agreement shall be effective upon execution and will expire on September 30, 2014. M/WBE OFFICE: Action Research is in compliance with the City's BDE Ordinance by committing to 37 percent MBE African American participation on this project. The City's MBE (African American) goal on this project is 20 percent. FISCAL INFORMATION/CERTIFICATION: The Finance Management Services Director certifies that funds are available, as appropriated, in the Solid Waste Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE64 539120 0239909 $134.980.00 Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS ActionResearch KAB Fort Worth proposal.pdf DBE Certificate ActionResearch.pdf Charles Daniels (6199) Brandon Bennett (6322) Kim Mote (5153) Diane Covey (5183)