HomeMy WebLinkAbout497526 CAROS CONSULTING - CONTRACT - AGREEMENT MISC - CAROS CONSULTINGPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred
to as the "City' and Caros Consulting, hereinafter referred to as "Professional'.
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated
herein by this reference.
2. Contract Period. This Agreement shall commence upon signing, and shall continue
in full force and effect until December 31, 2012, unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year periods
not to exceed one (1) additional one year period. Renewals and pricing changes shall be negotiated
by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado
State Planning and Budget Office will be used as a guide. Written notice of renewal shall be
provided to the Professional and mailed no later than ninety (90) days prior to contract end.
3. Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional Services Agreement - Caros Consulting
Page 1 of 11
copy editing, refinement, and graphic layout. In addition, we have budgeted 6 hours for
Air Chek to add one or two additional data fields to allow us to run analysis by
household and/or geographic location (both of these data fields will continue to protect
the homeowner's identity).
Focus Group Costs Standard practice in the running of focus groups includes the
provision of food and refreshments and an incentive for participation. Typically
incentives range from $50-$60 for a focus group lasting 60-90 minutes. We expect to
facilitate up to 12 focus groups, with an average of 8 participants ($50/person x 8
people x 12 groups = $4800). Refreshments are estimated to cost up to $60 per group.
AirChek & Mailing Costs Mailing recruitment materials to potential participants will be
handled by AirChek. Costs for AirChek will cover the time required for their staff to
handle mailing and adding additional fields to the database. Mailing costs cover the
costs of printing, envelopes, and postage.
Professional Services Agreement — Caros Consulting Page 10 of 11
• Determine % of FC households who mitigate by pCi/L reading
• Determine pCi/L reading ranges for segmented message development
• Determine seasonal impact on pCi/L readings and mitigation rates
• Determine optimal timing of messages to encourage mitigation
• Investigate motivation and barriers to mitigation among past testers
• Investigate differences between mitigators and non-mitigators
• Develop messages for various population segments based on pCi/L ratings, season, other factors
• Test & refine messages with past test -kit purchasers
• Design of Field Experiment
• Implementation of controlled field experiment
• test -kit purchasers will randomly divided into control and treatment groups
• treatment and control groups will be exposed to different information
• Treatment: exposure to social marketing messages designed to increase radon mitigation
• Targeted messages delivered at point of purchase, receipt of test results, and follow-up messages
Professional Services Agreement — Caros Consulting Page 11 of 11
Professional:
City:
With Copy to:
Cares Consulting
City of Fort Collins
City of Fort Collins , Purchasing
Attn: Dr. Jeni Cross
Attn: Brian Woodruff
PO Box 580
1128 LaPorte Ave
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80521
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole right
and remedy for such termination.
4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $500,000 combined single limits and errors and omissions
insurance in the amount of $N/A.
5. Compensation. In consideration of the services to be performed pursuant to this
Agreement and services in accordance with the scope of services attached hereto as Exhibit "A",
consisting of five (5) pages, and incorporated herein by this reference, the City agrees to pay
Professional a fixed fee in the amount of Fifteen Thousand Eighty Dollars ($15,080) plus
reimbursable direct costs. All such fees and costs shall not exceed Twenty -One Thousand Eight
Hundred Dollars ($21,800). Monthly partial payments based upon the Professional's billings and
itemized statements are permissible. The amounts of all such partial payments shall be based upon
Professional Services Agreement — Cares Consulting Page 2 of 11
the Professional's City -verified progress in completing the services to be performed pursuant hereto
and upon the City's approval of the Professional's actual reimbursable expenses. Final payment
shall be made following acceptance of the work by the City. Upon final payment, all designs, plans,
reports, specifications, drawings, and other services rendered by the Professional shall become the
sole property of the City.
6. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
7. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
8. Independent Contractor. The services to be performed by Professional are those of
an independent contradtor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
9. Personal Services. It is understood that the City enters into this Agreement based on
the special abilities of the Professional and that this Agreement shall be considered as. an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
10. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
Professional Services Agreement — Caros Consulting Page 3 of 11
approval or acceptance of, or payment for, any of the services shall not be construed to operate as a
waiver of any rights or benefits provided to the City under this Agreement.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Law/Severability. The laws of the State of Colorado shall govern the construction,.
interpretation,, execution and enforcement of this Agreement. In the event any provision of this
a
Agreement shall be held invalid or unenforceable'by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Professional Services Agreement — Caros Consulting Page 4 of 11
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verity Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
Professional Services Agreement — Caros Consulting Page 5 of 11
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
THE CITY OF FORT COLLINS, COLORADO
By:
a es B. O'Neill II, CPPO, FNIGP
DirectoW Purchasing & Risl Management
DATE: 2 II('Z
Caros Consulting
By: d
Title: rPAKC. p 4 CnytSK L�&o-.t
CORPORATE P ESIDENT OR VICE PRESIDENT
Date: a ba3 / l �-
ATTEST:
(Corporate Sea[)
Corporate Secretary
Professional Services Agreement — Caros Consulting Page 6 of 11
EXHIBIT A
SCOPE OF WORK
Overview
The purpose of this study is to increase the rate of radon mitigation among Fort Collins
residents who voluntarily purchase a radon test kit from the City of Fort Collins. The
study will be conducted in three phases over the course, of 24 months. First, we will
analyze existing data from Air Chek from the past 4 years. The records of all test kits
purchased in Fort Collins from 2007 through 2011 will be examined by household in
order to determine: average level of radon in homes in the first test, the % who retest,
average level in the first re -test, the % who mitigate, and the time between a first test
above 4 pCi/L and a post -mitigation test.
While existing data is being analyzed, we will also be recruiting participants for a series
of focus groups. We will conduct focus groups with Fort Collins residents who have
previously purchases test kits in order to gather information about: what prompted them
to test for radon and their reasons for mitigating or not. In addition, we will use focus
groups to develop and test messages to be distributed to future test -kit purchasers.
The first two phases —analysis of existing data, focus groups, and design of the
experiment —will take place between October 2011 and September 2012. The third
phase of the study, to be conducted from October 2012-September 2013, will be
controlled field experiment designed to increase the proportion of test -kit purchasers
whose tests register z 4.OpCi/L who mitigate for radon. In the field experiment, test -kit
purchasers will be randomly assigned to control or experimental groups, and each
group,will be provided with different information at the point of purchase and/or the
point of receiving test results. The content of these materials will have been developed
and tested in the focus groups and the timing and population segmentation will be
designed based on analysis of existing data.
Activities 2012
Preliminary Study 1: Analysis of Radon Testing and Mitigation Behavior of
Households
A preliminary study conducted by Kevin M. Stewart of the American Lung Association,
Pennsylvania reports that a'substantial fraction of households that received a radon test
reading of >_ 4.OpCi/L did not engage in prescribed follow-up testing or risk mitigation
efforts. Average indoor radon levels (from long-term tests) in Fort Collins, Cc are
significantly higher than the national average (3.OpCi/L vs. 1.25pCi/L2). Given the
comparatively higher radon risk faced by residents in Fort Collins, we propose to
investigate the fraction of households in Fort Collins that undertake prescribed radon
mitigation efforts following a test reading of >_ 4.OpCi/L. Data provided by Air Chek allow
for statistical description of the risk mitigation behaviors of Fort Collins residents.
Data provided by Air Chek will be used to investigate a series of questions that will
inform both Preliminary Study 2 (focus group research) and the Field Experiment. The
Professional Services Agreement — Caros Consulting Page 7 of 11
data provided by Air Chek will be analyzed to derive the percentage of households that
choose to mitigate following test results. One can determine the probability that a
household, in this self-selected sample, chooses to mitigate radon risk as a function of
pCi/L reading. In addition, point -specific probabilities of household mitigation can be
derived to craft reading -specific information campaign efforts. With precise date and
type of test information, one can determine whether testing and mitigation behaviors
are seasonally sensitive, allowing for seasonal calibration of information efforts. With
data provided, one can also calculate typical time -intervals between test, re -test, and
post -mitigation testing to identify optimal timing of follow-up information to encourage
risk mitigation. If available, geographic or point location information, one can reasonably
estimate or describe spatial variation in radon risk for the City of Fort Collins. Such
spatial information can allow for neighborhood -stratified investigation of the above
questions. The results of this secondary data analysis will be used to inform a short
questionnaire to be administered during the focus groups in Preliminary Study 2 as well
as in the design of various aspects of the field experiment including: message content,
population segmentation, and message timing.
Preliminary 2: Focus Group Research on Motivators and Barriers to Mitigation
The purpose of this preliminary study is two -fold: 1) to gather information about
motivations and barriers to testing and mitigation; and 2) to develop and test messages
designed to increase the rate of mitigation among test -kit purchasers. Focus groups will
be conducted in two rounds. The first round will seek to discover what motivated testers
to voluntarily purchase a test -kit, including how they learned of the availability of test -
kits and their level of intention to mitigate at the time of purchase. This round will also
examine the differences between those people who received a high test result (> 4
pCi/L) and did not mitigate their home as compared to those who received a high test
result and did choose to mitigate. This. phase will include six focus groups, three groups
each with residents who mitigated and those who did not.
The information gained from the analysis of existing data and the first round of focus
groups will them be used to develop messages, identify key population segments,
create informational flyers to be distributed to test -kit purchasers assigned to the
experimental group. A second round of focus groups will be conducted to test the
messages (wording) and images (graphics) among Fort Collins residents who have
previously purchased test -kits. This round will consist of two to six focus groups, the
number of groups depending on the population segments identified in the analysis of
existing data and first round of focus groups, we well the need to refine materials. The
more refinement needed of materials, the more focus groups will be required.
Field Experiment Design
The data collected during the two preliminary studies will result in the development of a
detailed plan for a social marketing field experiment designed to increase voluntary
radon mitigation among households that have received a test result of >_ 4.OpCi/L. The
experimental design will be a controlled study, meaning that test -kit purchasers will be
randomly assigned to be in either a treatment or control group. Controlled experimental
design is the most rigorous design for testing the causality of an intervention, which in
Professional Services Agreement — Caros Consulting Page 8 of 11
this study will be exposure to various informational materials designed to target
motivations and help overcome barriers to mitigation.
In addition to the design, Preliminary Study 2 will result in the development of
informational materials for use in the field experiment. These materials will be
developed by a professional graphic artist and will be fully refined by the end of the
preliminary study.
2012 Budget: Preliminary Studies
Consultant
Rate
Hours
Cost
Costs
Dr. Sammy
$100
40
$
4,000.00
Zahran
Dr. Jeni Cross
$100
50
$
5,000.00
Research:
$20
80
$
1,600.00
Assistant
Transcription
$60
18
$
1,080.00
Graphic Design
$125
20
$
2,500.00
Air Chek Data
$75
12
$
900.00
Prep.,. _
-
------------
-.....-. ..........
----..._...-
SubTotal
-
$
15,080.00
Foc----
us Group
Rate
#
----- Co -- st---
Costs
Incentives
Refreshments $60
Mailing Costs $4
(postage &
96 $ 4,800.00
12 $ 720.00
300. $ 1200.00
materials)
SubTotal--- $ 6,720.00_-
TOTAL $21, 800.00
Budget Narrative
Consulting Costs Dr. Zahran and Dr. Cross will each be the primary investigator for
Preliminary Study 1 and Preliminary Study 2, respectively. Dr. Cross will be the primary
contact person for the project. We expect to hire a Graduate Research Assistant (GRA)
to handle the logistics of focus group recruitment and recording. In addition, the GRA
will be assisting with the analysis of data and writing of reports. Because focus group
recordings are often difficult to transcribe, we will contract the services of a professional
transcriptionist, each focus group recording may last up to 1.5 hours (12 groups x 1.5
hours = 18 hours @ $60/hour). A professional graphic artist will be hired to develop the
materials for the social marketing experiment. Although the materials will not be used
until the next budget year, they must be developed and tested during Preliminary Study
2. We have budgeted 20 hours based on an expected 5 hours/flyer for development,
Professional Services Agreement — Caros Consulting Page 9 of 11