HomeMy WebLinkAboutContract 45353 ctry I MUIR%voTARY
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STATE CONTRACT NOS"
F TEXAS
KNOWN AL Y THESE
COUNTY'COUNTY' OF TARRANT
This Contract is, entered into by en the City of Fort Worth ("City"),
home-rule lciip'all Located within Tarrant, Denton, Parker', and Wise
Counties, Texas, aiding through h Charles Daniels, its duly authorized Assistant
City Manager, and Action Research, a California corporation ("Contractor"),
acting through Jennifer Ji. Tabanic , its duly authorized President., City and
Contractor may be referred to herein individually as a Pare, or collectively pus the
Pa miss.
l __ .
That r and in consideration f mutual covenants, and � r is herein
contained, fh Parties hereto mutually � ire l o s
ARTICLE
SERVICES
Contractor hereby agrees o 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 nsated in accordance with the Fee Schiedule shown in
Attachment " ". Payment shall be considered full c,ompein�sia,t,ion for all la or,
rn "eri l , 'li , and equipment necessary to, complete the rvI s, e rl bed
C")
in f ch n "' ". y r " I f paid the City shall not x e a total
of one hug fired thirty four thousand,, nine hundred eighty dollars ($134,1980) and
e City will not be liable for any.,,,,C,ontractor fees, costs, or other remuneration in
excess of this amount ss, the City has signed, and issued a formal
amendment to f is contract..
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0 OFFI IAL RECORD
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Professional Services Contract CIT nhayiff
Recycll�irng Study 201 Action Research
n WORTH,TX
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The Contractor shall provide monthly invoices to the City. Payment for services
rendered shall be d'ue within thirty (30) d' ys of the uncontested performance of
the particular services so ordered and receipt by City of Contractorls 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,
portions 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
localy 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 oiffic,ers,,
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.
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In accordance with Texas Local Government Code Section 271.9104, the
Contractor shall indemnify) hoild harmless, and defend the City against liability for
any damage caused 'by or resulting from an act of negligence, intentional tort,
intellectual property infringement r 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, ins data.
The City shall have unlimited rigghts in all data delivered under this contract, and
in all data first prod'uced 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 thlis, contract shall be considered
work for hire, and ri'glhts, 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,1 or interest shall by operation, of law or otherwise
fall 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 any unlimited and exclusive
license for publication,, sale, reproduction,, or use by the City and its authorized
sublicensees of all intellectual property developed u�n der this contract.
Contractor agrees to timely execute any documents or take an�y 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 derivat,ives
thereof) of the work product developed under this contract withio:ut the express
written consent of the City.
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ARTICLE 7.
INDEMNIFICATION
Section 1.
General Indemn*lficalfion. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS,HARMLESS,1 RELEASE, REIMBURSE , AND DEFENCE THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL CLAIMS,
ACTIONS, E IT , DEMANDS, PREEDINGS,1 COSTS, DAMAGES,AGES►, AN C
LIABILITIES,, INCdLUDIICIG ATTORNEYS FEES AND COSTS OF
INVESTIGATION N AND LITIGATION ARISING OUT OF OR RESULTING TI FROM
ANY ACTS OR OMISSIONS OF CONTRACTOR,, I°TS AGENTS, EMPLOYE ,
SUBCONTRACTORSy VENDORS, AND SUPPLIERS IEE" IN THE EXECUTION OIL
PERFORMANCE F I I'IS CONTRACT.
THIS INDEMNIFICATION E MNIFICA TIO INCLUDES BUT IS NOT LIMITED TO THE
FOLLOWING:
a. SOLES OR JOINT NEGLIGENCE
b ANY CLAIM FOR DAMAGE TO A PERSON'S REAL OIL PERSONAL
PROPERTY INTEREST', OR PERSONAL INJURY, AND,/OIR DEATH
c. ANY INTENTIONAL TORT", FRAUD, MALACE , MALFEASANCE, O
CRIME
. VIOLATION TI F A LAW,, R ANTI , OR CONSTITUTIONAL RIGHT
e BREACH OF ANY DUTY TRIGGERING ST'RIC'T LIABILITY
. THE, INFRINGEMENT ANY TANGIBLE, INTANGIBLE,L'E, R
INTELLECTUAL PROPERTY INTEREST OF ANY PERSON
g FAILURE T" PAY A DEBT INCURRED, _ ARTIAL Y OR WHOLLY I
PERFORMANCE THIS CONTRACT
FOR T' E PURPOSES OF TI IIS ARTICLE,1 DAMAGES ARTICLE, SHALL
CONSTRUED BROA L_Y TO INCLUDE C I RENT AND FUTURE DAMAGES,
ES,
AND DIRECT AND INDIRECT DAMAGES GE SUCH AS PUSI A,TIVE,
EXEMPLARY,A RY, AICJ CONSEQUENTIAL DAMAGES.
Section 2.
The obligations of the Contractor under this Article shiall iniclude, but not be
Iimiteld to, the bl �r en and expense of defending all cl ims,, suits and
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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, agaiinist such indemnified persons.
Upon learning of a claim, lawsiuiit, or other liability which Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonable timely
notice of same.,
The oibligations of the Contractor under, this paragraph shall survive the
expliration, or termination of this Agreement and the discharge of all other
obil�igations owed by the parties to each other hereunder,.
ARTICLE, 8.
INSURANCE
Section 1.
Insurance coverage and limits,
The Contractor certifies it has, at a mini mulm, current insurance coverage as
detailed below and will maintain it throughout the term of this Contract. Prior to
commencing work, the C,ontractoir 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
$1 000,0100 each accident or
$250,000 property damage / $500,000 bodily injury pier person
per accident
The named insured and ernpil lyelels of Contractor shall be covered
under this policy. The City of' Fort Worth shall be named an
Additional Inured, 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 X statutory limits,
Coverage B: $100,0100 each accident
$500,000 disease - policy limit
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$1001 000 disease -each e loy e
Section 2.
Additional Insurance Requirements
1 Applicable policies shall be endorsed to name the City an
I
Additionia!l 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 fa�llure 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.
Such terms shall he endorsed onto Contractor's insurance policies.
Notice shall be sent to Department of Financial Management
Services, - Risk Management Division, City of Fort Worth, 1000
Th rock mOrton Street, Fort Worth, Texas 76102.
5. Insurers for all policies must be authorized to do business inn 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.
6. 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,.
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The Commercial General Liability insurance policy shall have no
exclusions, by endorsements unless, the City approves, such
1
exclusions.
10. The City shall not be responsible for the direct payment of any
insurance premiums required by the contract. It is understood that
ii-isurance cost is an alilowable 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
prolvi:dle City with do menitationi thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subcontractor ji 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 one 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,l state,1 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 Ag�,reemient. 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.
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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 faicilitiles and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provision.sions. 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 exam in,e any directly pertinent,
books, documents, papers and' records of such subcontractor, involving
transactions to the subcontract, and further, that City shall have access dluring
normal working hours to all subcontractor facilities, and shall be provided
adequate and appropriate work space in order to conduct auldlilts 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 pubilis,hied 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 (B,D,E) Ordinance No.
20020-12-2011y the City has estabilisheld 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 participlating in City
contracts for a period of time of not less than three (31) years.
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ARTICLE 13.
NON-DISC RIMINATIONI
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable pro,visions, of Chapter
17, Article III of the Code of the City of Fort Worth.
Contractor agrees, not to disc,ri inate 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, prolmoltioln, demotion, transfer,, compensation, employment
classification, training and selection for training or any other terms, conditions or
privileges of employment.
Con-tractor agrees to post in conspicuous places, available to employees, and
applicants, for employment, notices setting forth the prolvis,ions 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
i
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 allil 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 falls 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
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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 tin (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 fallure to perform
under this contract if the failure arises solely from causes beyond the control of the
Contractor and wilthoult any fault or negligence by the Contractor.: Such clauses
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 prog:ress, will continue
to completion unless, otherwise specified in the notice of termination. If the City
termlinates this contract under this provision, City shall pay Contractor for all
services performed prior to the tors ination. Termination shall b wl thout 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 1, 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.
I
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ARTICLE 18.
CONTRACT CONSTRUCTION
The Parties ackn owledge that each party and, if it so ch oses, 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 llimit 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 ally such
counterparts shall together constitute but one and the same instrument.
ARTICLE 21-
SEVE,RAB,ILIiTY
The provisions, of this Agreement are severable, and if any wolrd, 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,1 section,, or otheir part of this Agreement to other persons or
circumstances shall not be affected thereby and this Agreement, shall be
cons-trued as if such invalid or unconstitutional' portion had never been contained
therein.
ARTICLE 22.
RIGHT'S 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 t'hen exist, on the part of Contractor, and the making, of any such
payment by the City while, any such breach or d'elfaullt exists shall in no way
impair o,r 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
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or condition of this Contract, nor a waiver of a subsequent breach of the, same
i
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
Not,ices to, be pirolvided' hereunder shall be sufficient if forwarded to the other
Party, by hand-delivery oir via U.S. Postal Service certified mail return receipt
requested, postage prepaid, to the address of the other Party shown bellow.-
If to the City: City of Fort Worth
Kiim Motle, Assistant Director
Code Compliance Department
1000 Throckmorton Street
Fort, girth, Texas 761102-6311
If to the Contractor:
Action Research
3630 Ocean Ranch Blvd.
i
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 acce tel practices, and in full
complian�ce with all applicable state and federal laws governing its activities and
is under no restraint or order which would pirohibit 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
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r%arty beneficiary of this Agreement, Each party hereto shall be solely
V
responsible for the fulfillment of its own contracts or commitments.
ARTICLE 26.
ENTIRETY
i
This contract, the contract documents, end any other documents incorporated by
reference herein are binding upon the parties and contain all the term's 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 th�is, 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.
.............
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ATTACHME,NT'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:
Step l'.- Behavior Selec-.ion
• The first step of the project its to prioritize target behaviors. To accomplish
this Action Research will review and provide an analysis of a controlled bin
auid�it of'400 randomly selected households.
• of the garbage, and recycling blins 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 hi, hl'ight neighborhoods to target through campaign
activities.
Step 2: Barrier and Benefit Research
• The second step of the, program helps us to better understand the factors
thliat influence people ins 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 dingy and be, used to
identify and widespread misunderstandinig 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.,
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,jtep 1 Develop Strategies
Usir g results from the barrier and benefit Interviews, Action Research will
work with the City to: select behavior change tool's that directly address, the
barriers to the target behaviors. Actlion Research will r yein�d
strategies, that are tailored to the characteristics of the target audience.
Behavior change tools such as, social norms and commitment will be
selected biased on thelir 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, strategli,es.
o Action Research will develop a methodology for randomly assigning
target audience members to treatment or control groups,.
o Rou�gh�l 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.
ol Action Research will work with the City to refine strategies the pilot
before widespread impilementat,ion�.
Step 5: Evaluation and Final Report
i
• Once Steps 1 through 4 are complete, Action Research will analyze the
data and evaluate the program for its effectiveness at incr asi�ng
residential recyc,ling and reducing contamination in the City of Fort Worth.
• Action Research will prepare a final report surrimlarizing the findings.
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ATTAC H M E N'T 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 shah l not exceed $134,980.
Step Cost
1: Behavior Selection, $11,300
)0
I
2: Barrier & Benefit Research, $23 600 In
2a- Cony diuct in-person $59)800
interviews with households that
Participated in bin audits,.
I. Develop Strategies, $161280
4: Pilot Test $9,800,
5-1 Evaluation and Report $14)200
Total $113 )918101
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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,-, ACTION RESEARCH
0;1 0k;
L
A 9 ig
&4rles Dianie' l-s - 1", Je/6,nifer J'. fabanic6
Assistant, City Manager, President
Date Signed': t9Z �° �„ � ��� �.�
RECOMMENDED:
e000'010"'
Kim' Mote Witness,
Assistant Director
APPROVED AS, TO FORM AND Seal:
LEGALITY:
Arthur N. Bas, r
Assistant It Attorney
ATTEST:
ire
01
'74 00
Mary J. K*er
City Secretary
Date
OFFICIAL RECORD
CITY SECRETARY
Profes,s,iona,l Services,Contract 0j;AO&T411 TX
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DATE, 10/7/2013 REFERENCE RENCE IN . **C-26488 LOG �J' ME:" � �RESEARCH
CODE* c TYPE: c NSENT PUBLIC NO
HEARING:
SUBJECT.: Authorize Execution of a Professional Services Agreement with fiction 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 LL COUNCIL
DISTRICTS)
RUNNAWA
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It is recommended that City Council authorize the execution of a Professional Services Agreement
with Action Research, Inc., in the amount not to exceed $134,980M00 to conduct a pilot program in
conjunction with Keep America Beautilful using a Community-Based Social Marketing proac which
seeks to better understand and overcome harriers 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 20o3 was to,
achieve a 40 percent diversion rat . The United States Environmental Protection Agency estimates
that over 60 percent of the residential waste stream is recyclable, The City's collection program is
easily 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 then as wraste in the garbage cart. What
needs 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 he 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
i
m rovement., What this research i '
accomplish is measurable behavior change that will increase
recycling rates.
This research will uncover ways to discover residents' perceptions about potential harriers to
recycling.. Furthermore, it will help identify what behavior, modification tools can be instituted to
increase recycling and rays to design educational outreach campaigns for different target
audiences., This will he cost_e ective by allowing the City to target its recycling education and
outreach program more effectively.
Keep America Beautiful has invited the City to partner with therm on a pilot program to effect a change
in behaviors at the reside tial level. This contract is being executed as a sole source as Deep
America Beautiful his adopted this as a formalized pilot program for national a pl�ication.
TERM: This Agreement shall he effective upon execution and will expire on September 3 , 2014.
M/WBE OFFICE Action Research is in compliance with the City 1�s, BDE Ordinance by committing to
37 percent MBE African American participation on this project. -rhe City's MBE (African Ame�rican)
goal on this project is 20 percent.,
FISCAL INFORMATION/ClERTIFICATION:,
I —
The Finance Management Services Director certifies, that funds are available, as appropriated, in the
Solid Waste Fund.
TO Fund/Account/Centers FROM Fun Ac,count/Ce,nters
PE64 539120 0239909 $1341980.00
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Submitted for Cl*!y MagAger's Office Charles Dianilelis (61 99)
Ors i ating Department Headi-, Brandon Bennett (6322)
Additional InformalJon Contact: Kim Mote (515,31)
Diane Covey (5183)
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ATTACHMENTS
ActionRe,search KAB Fort Worth gropo sal,od
DBE Certificate ActionRes,earc