HomeMy WebLinkAboutContract 44553 OTY SWET
CITY F FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL, SERVICES
This AGREEMENT is between the City of For Wolrthi, a Tares h y ruNle, municipality
ality
(the "CITY"), and National Service Reasearch, authorized to do business in Texas, are
P
ndependent contractor ("Consul Ita rit" , for a PROJECT'generally described as: Conduct 2013
Park 'N'eed's Assessment.
Article l
Scope of Services
(1') Consultant hereby agrees t 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 Farb 'Needs Assessment.
(2) Additional services, if any, will he requested in writing by the City. City shall not pay
for any work performed by Consultant or its suhc+ ns ltnrnts, subcontractors and/or
suppliers that has not been ordered In writing. It is specifically agreed that
Consultant shall not he compensated for any alleged additional work resulting from
oral orders of an'y person.
Article 11
Compensation
Consultant shall he compensated in accordance with the fee Schedule shown in
Attachment "B".. Payment shall he considered full comp nsatl n for all labor, materials,
supplies, and, equipment necessary to complete tlne services described in Attachment `A".
However the total fee paid by the City shall not exceed a total of $25,0l00.00 0 unless the
City and the Consultant mutually agree upon a fee a int for additional services and
amen nd this Agreement accordingly..
The Consultant shall provide monthly invoices tol the Cityp Payment for services rendered
shall he due within thirty 3 days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice 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, dome, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection, with each services.
City of Fort Worth,Texas Im I,will
Standard Agreement for Professional Services,
PMO Official Release Date;:05/04/201
Pag e 1 of 1 OFFICIAL
CITY SECRETARy R E C E 11 V E D
L"sWO R1
WORTH9 TX
AIR
Article III
Term,
Unless terminated puirsuant to the terms herein, this Agreement shall be for a, term of (see
Attachment "C"), beginning upon the date of its execution, or until the completion of the
subject matter contemplated herein, whichever occurs first.
,
ArtiI cle IV
Independent Contractor
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 sh,aill, be solely responsible for the acts and omissions of its officers,
agents, empiloyees, 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 between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all ap licable 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 subcontractor's for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 2,71.,904, the Consultant
shall indemnify, hold h,a,r less, and, defend the City against liability for any damage
caused, by or resulting from an act of neglilgence, Intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier committed by the
Consultant or Consultant's agent, consultant under contract, or another entity over
which the Consultant's exercises control.
City of Fort Worth,Texas
Standard Agreement for Professional Services.
PMO Official Release Date:05/04/2012
Page 2 f 8
Article VI
Insurance
(1) Consultant shall not commence wolr,k under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract unfill
all similar, insurance of'the subcontractor has been so obtained and approval 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, oo aggregate
Automobile Liability
$1,000,x00 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 Pro"ect.
Worker's Compensation
Coverage A: statutory limits
Coverage B. $100,000 each accident
$5,00,000 disease, - policy l imit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's wo!rker"s
compensation insurance policy, the pity, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance po,licies.
b. Certificates of insurance shall be delivered to the City of Fort Worth Parks, and
Community Services Department, Attention-.- Nikki Sopchak,, 4,200 South Fr way,
Fort Worth,I TX 76,115, prior to commencement of work.
c. Any failure on part of the City to reqlulest required insurance documentation shall
not constitute as waiver, of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed, to provide the City as 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-pa yment of
Premium.
City of Fort Worth,Texas
Standard Agreernent for Professional Services
PMO Official Release Date:05/104/2012
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 financial strength and
solvency.
f. Other than worker's compensation insurance n lieu of traditional 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, eimpiloyed 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.
i. Consultantis insurance policies shall each be eind�orsed to provide that such
i , 0
nsu i
rance s primary protection and any self-funded or commercial coverage
ma,intained 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 administrate r 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.
1. Upon the request of City', Consultant shall, provide colmpllete copies of a,ll
insurance policies required by these Agreement documents.
Article VII
Transfer 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�witho�ut prior written consent,of the City.
Article Vill
Termination of Contract
(1) City may terminate this, Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may termninate this Agreement 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 Official Release Date:05/04/2012
Page 4 of 8
NUy
Commence correction of such nonperformance with 5 days of written notice and'
di'l'igently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article , upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination end 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 Agireement, including
any original drawings or documentsl 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.
Article IX
Right to Aludift
(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 any directly
pertinent books, docu�mients,, papers and records of Consultant involving transactions,
relating to -this Agreelment. Consultant 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 selctioin,. 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 subs-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hour's 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 shal!l
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 perforrrued.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date-0510412012
Page 5 of 8
Article X
Minority and Women Business Enterprise (MM) Participation
In accordance with City Ordinance No. 1'5530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in, City contracts.
Consultant acknowledges the MNVB,E goal established for this Agreement and its
commitment to, meet that goal. 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.
Article XI
Observe and Comply
Consultant shall at all times observe and comp,ly with all federal,, state, and local laws and
regulations, and wlith all City ordinances and regulat,ions, 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 agrees to defend I indemnify and hold harmless City
and all of its officers, agents and empiloyeles 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 X11
Venlue 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 li'e 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 X111
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 dlra,fti'ng! party must not be employed in the
i i
of this Agreement or any amendments or exhiblits hereto.
City of Fort Worth,Texas,
Standard Agreement for Professional Services
P O Official Release,Date,05/014/2012
Page 6 of 8
mM
Article XIV
Severabillity
he 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 ands 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
Notices
Notices to be provided hereu,nder shall be sufficient if forwarded to, the ether Party by
handi-dellilvery 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 22010
Fort Worth, Texas 76155-1499
Consultant.:
National Service Research
Attn: Andrea Thomas
2601 Ridg!marPlaza 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,
ISM O Official Release Date-,05/04/2012
Page 7 of 8
Article XVIII
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 t�h is the Lday o "A-k.20
BY: BY:
CITY OF FORT WORTH CONSULTANT
National Service Research
J, N
usan Alanis Andrea Thomas
s ssis
sistant City Manager Owner
F
Date: U 11 1 Date:
I il
APPROVAL RECOMMENDED:
By:.
Jc and Zavala
hector, Parks and Community
Services Department
APPROVED AS TO FORM AND LEGALITY M&C, No.*
By: M&C Date'-,
Douglas,W. Black
Assistant City Attorney A
000000
ATTEST-. %0
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City Secretary S1
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:05/04/2012
Page 13 of 8 OFFICIAL RECoRI)
"CRETARY
ClIty SLL
Fwrs WORTH, TX
A'ttachment A
Scope of Services
0 The City of Fort Worth, with a current population of approximately 758,000 residents, has
requested a needs assessment survey be conducted for the Parks and Community S,ervices,
Department (PACS).
0 1 from c -
The study will provide the ity with 'input C wi 1 1 t izens relevant to the City park and
recreation priorities.
# The input -from citizens will assist city officials regarding where to maintain and improve
these city services.,
0 The survey purpose and design will align with the Department's priorities and focus on
service value and delivery.
0
ASR Will utilize proven best, practices, in survey design and data collection techniques to
perform all services as requested: by the City of Fort Worth within a cost effective firm
fixed budget.
A. Slam ph np,-Proced tj res —NS,'R proposes a sampling procedure that provides opportunity
for a mcqj- ority 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 representative sample of residents that mirrors the City's
population demographically and geographically'., Due to the fact that up to half of citizens
*de are dropping their telephone land lines, this samp ing procedtire provides
nationwi I
opportunities for residents to participate in the citizen survey process in a cost and time
efficient manner.
Online research has,significantly increased in its consistency and reliabilitv and
rt? ets th�e communication trends oj*t0day`..vpopulation. It mimi s the way people
fle IC
are already coMfortable communicating.
STEP ONE -NSA will develop and' program, an online survey for the Parks and
Community Services Department Needs Assessment Survey, a ]'*Ink 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.
NS R recommends the City offort 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 survey link) in all electronic
communications,(purpose, *importance of citizen input, uses of the results,
etc).
Post the survey lint along with a short message about the importance of
citizen 'input and participation to the City's; Facebook, Twitter, Cable
television., Water bill, HOA's, and email alerts to citizens who subscribe to
any electronic/social communication, etc. Additionally the city can display
posters about the survey (and provide paper copies (in English and Spanish)
of the survey at Recreation Centers and other public places such as the
Library, City Hall, Golf Courses, etc.
Press releases to various medj a sources ftom the City (once introductory
release prior to the survey mailing, one mid-way through the carnpaign and
one during the final week o f d ata collection).
Any other city communication to its residents such as announcements in the
water bill can also be ]included.
0 NSR will assist with article contentfor the above messaging�f requested.
0 STEPTWO - 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 an will be presented to the PA,CS staff for
review and approval.
# Wed s residents do not ha
o ve to pay postage to
An NSR business reply will beprovi
return,the survey. NSR will coordinate all mailing, printing and return mailing
services,outlined herein. An introductory paragraph frorn the Park Director
introducing the survey and the process will be included. Residents Zvi ll have the
option of completing the a. "er version or online version of the survey.
Step one and step two, will conducted simultaneously se that the online survey will
be posted to the City's website when residents receive the mailed version as well as
other media messages regarding the availability of the online survey.
Any adult household member,may complete the survey. All residents will be
requested to complete only one survey per household.
The online survey will be programmed so that only one IP address can complete the
survey.
the goal oft is sampling procedure is to yield a sample size of 75 completed
surveys within each of the eight council districts which will provide a 95%
confidence level within a margin of error of+/-4.5%.
Recent NSR municipal citizen surveys (with a sampling frame of 8,,000 residents
along with an on]ine survey) have yielded;
1,500,completed surveys fear the City of Farmers Branch (received 784
n *led and 716 online)
nip..
8150 colmpileted surveys for the City of College Station (received. 350 mailed
and 5010 online)
• 1,1 0 completed surveys for the City of Frisco (received 400 mailed and
700 online)
Each municipality co imunicated with its residenhv utilizing various
method,v as outlined herein,during the data collection period.
The margin of error for the above surveys ranged 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 survey via mail or online to determine if there are
s igni icant differences among these respondent groups.
B., Instrument Dell gn —The survey instrument will be designed with extensive input from
the PACS, staff incorporating the City's Park and Community Services, Department vision
along with the experience of NSR. After initial meetings/inplut from the City, NSR will
provide a draft of the survey for review by the PA CS staff. Additional drafts will be
rovI I I
prepared incor o i additions and/or deletions frorn -the PALS staff. The final
p rat ng changes,, add*t*
version submitted will 'Include information that is most beneficial and useful to the City.
NSR recommends the surveyinclude a brief introductory paragraph from the Park Director
that wil I explain survey, the process, the 'importance of citizen participation and how tl-,te
results,will be utilized by the city.
C. Data R,eguirements The survey instrument will be designed to provide at a minimum,
0 Basic demographic profile of'Fort Worth citizens
0 Citizen evaluations,of various park and recreation services
ces
0 Priority rankings for various facilities and services
0 How can the parks and community services be improved/enhanced
• Other key issues cony 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
0
City
D. Data Collection—The data collection methods are outlined In detail 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 wi th households and/or online panel surveys to fulfi ll those gaps.,
If any additional surveys need to be conducted by telephone, NSR professional experienced
interviewers will conduct these interviews. All interviewers will be thoroughly briefed and
trained. Interviews will be conducted seven days per week at various times of the day.
NSR interviewers have from 10 years,to 30 years of professional telephone *Interviewing
experience. Because of this high level of'Interviewer experience, higher than average
response rates for telephone surveys are realized. NSt's supervisor will verify up to 10%
of each interviews completed surveys,to ensure quality and accuracy 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 municipal citizen telephone
survey assignments conducted by NSR., Tile telephone sample listing will be provided by
the City of Fort Worth 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 demographic and geographic
households to target for interviewing to fulfill any data gaps identified.
E. Analysis-and Final R NSR will prepare an analysis of the survey data, and will
1 0 t A,
prepare and submit a written report containing a detailed analysis or results utilizing text
and color graphics. The final report will provide a description of the sampling procedure
methodology, and confidence level of results. Citizen attitudes and service priorities will be
detailed and summarized.
The study will include a report of all survey questions. The report will be provided to the
PALS 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 NSA, will be avallable to present the final results to PACS staff.
Deliverables.,-.
Final Report —presentation of all survey results by question
• Detailed Survey Data
Most itnportantly the survey results will identif I
y k�y prorities (In priority rank order),f he
Park v and Cominunity Services within the cit
Y
F. Gtv Input/Meetin —NS R understands the importance of PACS staff Input throughOLIt
the entire research process, from discussions of initial project scope, survey instrument
Is I ro I
design, through n t I inai reporting of results. NSA 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
N'S R will ensure 'Input from the City staff and others identified by the City will be
an essential element throughout this entire study effort.
• NSR's owner, Andrea Thomas,,,will meet up to three times,or as-needed during the
pr�Iect (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.
u
Attachment B
."fees
Tasks Research Sampling Options Budget/Cost
Conduct all work tasks outlined harein and print and mail 17,950*
000 surveys to randomly selected households in the
City of Fort Worth survey not to exceed pages and 3.3
Z . Costs include printing in English),, postage, return
postage
Telephone surveys if needed) cost per 100 completed 1 00*
surveys
Online Panel surveys 'needed) cost per 1010 completed 100
surveys
Spanish Translation of survey and all related $ 850
correspondence (Spanish version ot�t . survey to be
available at City facilities and online)
'*Costs assume questionnaire des not exceed 40 to 50 questions in
Ilength or five to ten minutes to complete, by telephone.
Total.- $22,400.010
"e n u t teat ry � rs eet s r Andrea Thomas, owner f'�NSR t � meet with City
staff and one work session presentation on the final results by Andrea Thomas t the Park Board.
NS,R will 'Invoice the city based upon project progress as follows or as requested by the City.*
Progress payment#1 Survey document approved, sample selection c mpilet e - 25%
Progress payment#2 —Data collection complete—40%
Progress payment#3 —Final Report complete 35%
10"
Attachment C
Schedule
0 June 3-14, 2013
Review project scope and survey instrument
Discuss survey sample list to be provided by the City of Fort Worth and
proportionate selection of current address list,ing to receive mailed survey
Outline not ification p rocess to citi ens utilizing various media. and electronic media
9 June 1.7'-JLLI,y 12, 2013
Data collection— maneu /online/telephone/online panel
Program online survey and pnnt/ma.1.1 final survey
1 1 its control measures/survey verificato
Brief/tra'ri *nterviewers., telephone quail i n " it
needed)
July 1.5-31, 2013
Editing, coding and analysis ofd t
Prepare final report
Early August 2013
Presentation of results to management staff
...........................................