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CITY OF FORT WORTH, TEXAS
STANDARD AGREEIVIENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and National Service Reasearch, authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Conduct 2013
Park Needs Assessment.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with the 2013 Park Needs Assessment.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant 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 $25,000.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. F'ayment for services rendered
shall be due within thirty (30) days of the uncontested ��erformance of the particular
services so ordered and receipt by City of Consultant's invoic:e for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Officlal Release Date: 05/04/2012
Page 1 of 8
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Article Iil
Term
Unless terminated pursuant to the terms herein, this Agreement shall
Attachment "C"), beginning upon the date of its execution, or until
subject matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
be for a term of (see
the completion of the
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant 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 respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture befinreen City and Consultant.
Article V
Professional Compefience and Indemnification
(� ) Work performed by Consultant 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. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the Consultant
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
Consultant or ConsultanYs agent, consultant under contract, or another entity over
which the Consultant's exercises control.
Ciry of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allaw any subcontractor to cnmmence work on its subcontract until
all similar insurance af the subcontractor has been so obtained and appraval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Autnmobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compens�tion
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, emplayees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the City of Fort Worth Parks and
Community Services Department, Attention: Nikki Sopchak, 4200 South Freeway,
Fort Worth, TX 76115, prior to commencement of work.
c. Any failure on part af the City to request required insurance documentation shall
not constitute a waiver af the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to pravide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fo�t Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financiai strength and
solvency.
Other than worker's compensation insurance, in lieu of traditianal insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
Consultant's insurance policies shall each be endorsed to pravide that such
insurance is primary protection and any self-funded or commerci�l coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Tran�fer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent af the City.
Article VIII
Termination of Contract
(�) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreem�nt if either
Party fails substantially to perform through no fault of the other and does not
City oF Fort Worth, Texas
Standard Agreement for Professional Services
PMO O�cial Release Date: 05/04/2012
Pege 4 of 8
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Articl� IX
-, ,,� �
(1) Con�ultant agrees that the Ciiy shall, until the expiration af three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, dacuments, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriafie workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant 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 sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant 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 Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worih, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 5 of 8
Article X
Minority and VUomen �u�ines� Enterprise (IV1/V�BE) Participaiion
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minnrity business enterprises and woman business enterprises ("MIWBE") in City contracts.
Consultant acknowledges the M/WBE goal established for this Agreement and its
commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) andlor the commission of fraud by the Consultant may result in the
termination of this Agreement and debarment from p�rticipating in City contracts for a period
of time of not less than three (3) years.
��
�� � � � . • •
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and vuith 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. Consultant agree5 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 �II
Venue anc9 Juri�diction
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.
Article XIII
Gor�tract C�nstruction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised fihis 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.
City of Fort Worth, Texas
Standard Agreement for Professional Setvices
PMO Officlel Release Date: OS/04/2012
Page 6 oF 8
A►rticle XIV
.
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the appiication thereof to
any person or circumstance shall ever be heid 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 XV
Notice�
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:
City of Fort Worth
Attn: Nikki Sopchak
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76155-1499
Consultant:
National Service Research
Attn: Andrea Thomas
2601 RidgmarPlaza Suite 2
Fort Worth, TX 76116
Article XVI
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
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 7 of 8
Article XVII
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.
Executed and effective this the
BY:
CITY OF FORT WORTH
%���day of��'��1�-20 ��
usan Alanis
ssistant City Manager
Date: l � I '7
APPROVAL RECOMMENDED:
�
,-
By:
ic ard Zavala
irector, Parks and Community
Services Department
APPROVED AS TO FORM AND LEGALITY
�I�
By: �rl�
Douglas W. Black
Assistant City Attorney
ATTEST:
\. �
�
Mlary J. K"ays�
City Secretary
City of Fort Worth, Texas
Siandard Agreement for Professional Services
PMO Official Release Date: O5/04/2012
Page e of 8
BY:
CONSULTANT
National Service Research
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Andrea Thomas
Owner
Date:
M&C No.: ��/,Q-
M&C Date:
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Attachment A
Scope of Services
� The City of Fort Worth, with a curcent population of approximately 758,000 residents, has
requested a needs assessment survey be conducted for the Parks and Community Services
Department (PACS).
• The stlidy will provide the City with input from citizens relevant to the City park and
recceation priorities.
• The input from citizens will assist city officials regarding where to maintain and improve
these city services.
• The survey purpose and design will align with the Department's prioeities and focus on
service value and delivery.
• NSR will utilize proven best practices in survey design and data collection techniques to
perform all services as rec�uested by the City of Fort Worth within a cost effective firm
fixed budget.
• A. SamplinE Procedures NSR proposes a sampling procedure that provides opportunity
for a majority of residents to participate. NSR has utilized this two-pronged approach
successfully for other municipalities and it has provided not only statistically valid sample
sizes but has also yielded a cepresentative sample of residents that mireors the City's
population demographically and geographically. Due to the fact that up to half of citizens
nationwide are dropping their telephone land lines, this sampling procedure provides
opportunities for residents to participate in the citizen survey process in a cost and time
efficient manner.
• O��line researCl9 %?QS SlgYllf CGT?tI)/ 1T7CYepS2C� 171 Xt5 C019SISt6YlCj� Q'71C� 1•eliabilit�� aT�d
i•eflects the co�nn2ui�icatroi� trer�ds of today's populatioi�. It mimics the ��ay people
a��e alr•eady comfortable con�municatirrg.
• STEP ONE - NSR will develop and program an online survey for the Parks and
Community Services Department Needs Assessment Survey, a link to which will be
posted on the City's home page of the website. The survey instrument will be
developed with significant input from the PACS staff.
• NSR recommends the City of Fort Worth notify citizens about the survey as follow:
Post online survey link to the city's website home FRONT page.
Front page news article (including the sui•vey link) in all electronic
communications (purpose, importance of citizen input, uses of the results,
etc).
Post the survey link along with a short message about the importance of
citizen input and participation to the City's; Faceboolc, Twitter, Cable
television. Water bill, HOA's, and email ale'rts to citizens who subscribe to
any electronic /social communication, etc. Additionally the city can display
posteis about the sucvey (and provide paper copies (in English and Spanish)
of the survey at Recreation Centers and other public places such as the
Libraiy, City Hall, Golf Courses, etc.
• Press releases to various media sources from the City (one introductory
release prior to the survey rnailing, one mid-way through the campaign and
one during the fina( week of data collection).
• Any other city communication to its residents such as announcements in the
water bill can also be included.
NSR will assist with ar•ticle content for the above messaging rf requested.
• STEP TWO - Print and mail the survey to 10,000 to 20,000 residents utilizing an
address listing to be provided by the city subdivided by council district. NSR will
select the sampling frame to be proportionately distributed throughout the City (by
council district). The selected sample frame will be presented to the PACS staff for
review and approval.
• An NSR business reply will be provided so residents do not have to pay postage to
return the survey. NSR will coordinate all mailing, printing and return mailing
services outlined herein. An introductoiy paragraph fro►n the Parlc Director
i�itroducing the survey and the process will be included. Residents will have the
option of cotnpleting the paper version or online version of the survey.
• Step one and step two will conducted simultaneously so that the online survey will
be posted to the City's website when residents receive the mailed version as well as
other media mess�ges regarding the availability of the online survey.
� Any adult household member may complete the survey. All residents will be
r•equested to complete only one survey per household.
• The online survey will be programmed so that onl� one IP address can cornplete the
survey.
• The goal of this satnpling procedure is to yield a sample size of 75 completed
surveys within each of the eight couneil districts which will provide a 95%
confidence level within a margin of error of +/-4.5%.
• Recent NSR municipal citizen sutveys (with a sampling fi•ame of 8,000 residents
along with an online survey) have yielded;
• 1,500 completed surveys for the City of Farmers Branch (received 784
mailed and 716 online)
� 850 completed suiveys for the City of College Station (received 350 mailed
and 500 online)
• 1,100 completed surveys for the City of Frisco (received 400 mailed and
700 online)
• Each munrcipalzty communicated with its residents utilfzing var�ious
methods as outlined herein c�uri�g the data collecliorr per�iod.
• The tnargin of error for the above surveys c•anged from +/- 3% to +/- 4% at a
95% confidence level.
• All returned completed mailed surveys will be computer tabulated and included
with the online completed surveys. NSR will have the capability to sort the data by
those who complete the sutvey via mail or online to determine if there are
signi�cant differences among these respondent groups.
B. Instrument Design -- The suivey instrument will be designed with extensive input fi•om
the PACS staff incorporating the City's Park and Community Services Department vision
along with the experience of NSR. After initial tneetings/input from the City, NSR will
provide a draft of the survey for review by the PACS staff. Additional drafts will be
prepared incorporating changes, additions and/or deletions fi�om the PACS staff. The final
version submitted will include information that is most beneficial and useful to the City.
NSR recommends the survey include a brief introductory paragraph fi•om the Park Director
that will explain survey, the process, the importance of citizen pat�ticipation and how the
results will be utilized by the city.
C. Data Reguirements The survey instcument will be designed to provide at a minimum;
• Sasic demographic profile of Fort Worth citizens
• Citizen evaluations of various park and recreation services
• Priority rankings for various facilities and services
• How can the parlcs and cornmunity services be improved/enhanced
• Other key issues/concerns identified by PACS staff
• Comparison data to previous surveys (where applicable)
• Other information identified by NSR/City staff that can be useful and relevant to the
city
l). I)ata Collection — The data collection methods are outlined in detai( in scope item A of
this proposal. However, if certain demographic or geographic groups are under
represented or the minimum sample size of 600 is not reached, NSR will conduct telephone
surveys with households and/or online panel surveys to fulfill those gaps.
If any additiona] surveys need to be conducted by telephone, NSR professional experienced
interviewers will conduct these interviews. All interviewers will be thoroughly briefed and
trained. Inteiviews will be conducted seven days per week at various times of the day.
NSR interviewers have from 10 years to 30 years of professionat telephone interviewing
experience. Because of this high level of interviewer experience, higher than average
response rates for telephone surveys are realized. NSR's supecvisor will verify up to 10%
of each interviews completed surveys to ensure quality and aceuracy of data collected by
calling back the designated respondent to verify their responses. All interviewers will be
closely supervised utilizing quality verification methods as described above. Interviewers
that will be utilized on this project have worked on numerous municipai citizen telephone
survey assignments conducted by NSR. The telephone sample listing will be provided by
the City of Fort Woi�th by Council District. If the City cannot provide a telephone listing,
NSR will purchase a telephone listing from a leading sample provider (cost of list is not
included in consultant fees herein). The purchased telephone sample listing will include
age, ethnicity and address so our interview team can pinpoint demographie and geographic
households to target for intet�viewing to fulfill any data gaps identified.
• E. Analysis and Final Report - NSR will prepare an analysis of the survey data, and will
prepare and submit a written report containing a detailed analysis of results utilizing text
and color graphics. The fin�l report will provide a description of the sampling procedure
methodology and confidence level of results. Citizen attitudes and seivice priorities will be
detailed and siunmarized.
'• The study will include a report of all survey questions. The repot�t will be provided to the
PACS staff in an electronic format that is of presentation quality.
• Detailed survey data will be provided in an electronic format. Printed copies of either the
report and/or detailed survey data will be provided if requested.
• Andrea Thomas, owner of NSR, will be available to present the final results to PACS staff.
• Deliverables:
• Final Report — presentation of all survey results by question
• Detailed Sur-vey Data
Most z��aportantly the sut�vey results tia�ill ide»tify key priorities (b� priof•ity runli or�der) for the
Par�ks ai7d Cornmunity Services witl�in the city.
l�. Citv input/M[eetin�s —NSR understands the importance of PACS staff input througliout
the entire research process, from discussions of initial project scope, suivey instrument
design, through final reporting of results. NSR will encourage frequent two-way
communication to ensure this input is not only heard but clearly understood and acted
upon. During the data collection period NSR will provide regular updates of survey
completes via online and mailed.
NSR's owner, Andrea Thomas, will meet with City staff a minimum of three times during
the project to;
• Discuss project scope
• Review and finalize proposed survey instrument and sampling process
• Review final report
• Additional meetings as needed
CITY INPUT
• NSR will ensure input from the City staff and others identified by the City will be
an essential element throughaut this entire study effort.
• NSR's owner, Andrea Thomas, will meet up to three times or as needed during the
project (discuss project scope, review survey questions and sampling frame, final
report, oral presentation).
• Andrea Thomas will brief the Park Board on the findings at a special work session.
• Andrea Thomas will be available at all times throughout the research process and
can adapt to the contractual services as required by the City.
Attachment B
Fees
asks / Research Sampling Options Budget/Cost
onduct ali worlc taslcs outlined herein and print and mail $ 17,950*
),000 surveys to randomly selected households in the
ity of Fort Worth (survey not to exceed 4 pages and 3.3
�). Costs include printing (in English), postage, return
elephone surveys (if needed) cost per 100 completed �$ 1,800*
Panel surveys (if needed) cost per 100 completed �$ 1,800
Translation of survey and all related $ 850
ndence (Spanish version of the survey to be
; at Citv facilities and onlinel
Costs assume questionnaire does not exceed 40 to 50 questions in
;n�th or five to ten minutes to complete bv telephone.
Total: $22,400.00
Fees include up to three in person meetings for Andrea Thomas, owner of NSR, to meet with City
staff and one work session presentation on the final results by Andrea Thomas to the Paric Board.
NSR will invoice the city based upon project progress as follows or as requested by the City:
Progress payment #1 — Survey document approved, sample selection complete - 25%
Progress payment #2 — Data collection complete — 40%
Progress payment #3 — Final Report complete — 35%
�
Attachment C
Schedule
• June 3-14, 2013
• Review project scope and sui�vey instrument
• Discuss survey sample list to be provided by the City of Fort Worth and
proportionate selection of current address listing to receive mailed sulvey
� Outline notification process to citizens utilizing various media and electronic media
• June 17-July 12, 2013
• Data collection — mailed / online / telephone / online panel
• Program online survey and print/mail final survey
• Brief/train interviewers, telephone quality control measures/survey verification (if
needed)
• July 15-31, 2013
• Editing, coding and analysis of data
• Prepare final report
• Early August 2013
• Presentation of results to management staff