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Conducting Survey for Solid Waste Removal /vie FORT HAYS STATE ' UNIVERSITY Forward thinking. World ready. THE DOCKING INSTITUTE OF PUBLIC AFFAIRS May 10, 2017 City of Salina Attn: Jim Teutsch Operations Manager Public Works Dept. 412 E. Ash St. Salina, KS 67401 Dear Jim: Please find enclosed Contract No. 2017-13, outlining the agreement between City of Salina and FHSU Docking Institute of Public Affairs for the purpose of conducting a survey to assess behaviors and opinions of city residents with regard to solid waste removal. Upon your review, please execute the original document and return to my office. Also enclosed is the invoice for first half payment. Sincerely, !Lir.; Lynette Ottley Administrative Specialist Enclosures 600 Park Street Hays,KS 67601-4099 (785)628-4197 FAX(785)628-4188-www.fhsu.edu/docking Contract No. 2017-13 MEMORANDUM OF AGREEMENT THIS AGREEMENT effective $ day of Mali 2017, between the City of Salina. Kansas (hereinafter referred to as "City"), Attn: Jim Teutsch, Operations Manager, Public Works Department, City of Salina. 412 East Ash Street, Salina, KS 67401 and Fort Hays State University through its Docking Institute of Public Affairs, a non-profit educational institution of the state of Kansas (hereinafter referred to as the `Institute") Custer Hall 302, 600 Park Street, Hays, Kansas 67601. 1. Scope of Project a. The Institute will provide survey consultation, data collection, data analysis, and report writing, and data file delivery services to the City to assess behaviors and opinions of city residents with regard to solid waste removal. b. The Institute will provide/deliver the client: 1 Questionnaire consultation 2 Report of findings from a postal survey in PDF 3 Data File of postal survey in Excel 4 Report of output of a web survey in PDF 5 In-person presentation of findings in PowerPoint 6 Printed paper color copies of the report (for additional fee upon request) c. Timeline: Task 1 (as outline in "Salina Solid Waste Survey Revised Proposal 2017") will begin upon contract signing. Other tasks will follow the timeline specified in the above mentioned proposal. 2. Administration a. The principal investigator for the survey research activities will be Michael Walker, M.S. Mr. Walker is the assistant director of Docking Institute and an instructor of sociology. b. The Institute will modify the survey questions, already provided by the City, in consultation with the City. The Institute will endeavor to design questions that are technically correct and that will provided valid and reliable survey data. c. The Institute will administer a postal survey to 15,100 households from a list provided by the City, followed by a random sample of 2,500 non-responding households to the first mailing, and perform data entry to provide data analysis via computer. d. The Institute will also create a web version of the survey using Qualtrics ® software; provide the City with the link for posting on their website, and download any data received for compilation. e. The Institute will analyze the results of the postal survey. f. The Institute will author two reports. The first will be of the postal survey (providing univariate analysis of all variables and bivariate analysis of key variable parings). The second will be a compilation of frequencies and percentages of all questions from the web survey. Both reports will be provided to the City in PDF. g. The Institute will coordinate with the City for a presentation of the data by the primary investigator at an agreed upon time and location. 3. Consulting and Technical Services a. The assistance rendered by the Institute will be primarily in the form of consulting, data gathering, and data analysis services. The Institute will, to the best of its ability, ensure that survey questions are technically correct and that the data received from the questionnaires are is useful and not biased. The Institute will ensure that the survey instrument is administered in an appropriate manner, and that the survey responses are coded into a machine readable computer file. b. The City understands that interpretations of results are a function of the expert opinions of the Institute's staff. c. All data and survey results will be the property of City; however, the Institute would like permission to use such information for academic study and/or academic publication. d. Unless otherwise agreed, or as may be required by law, the Institute will not publish or release such information for a minimum of 90 days following the delivery of same information to City. 4. Costs, Billings and Related Expenses a. The cost for consulting and technical services described herein (not including expenses for color paper copies of the report(s), which are $10 per copy) will be billed at the total price of$19,900. b. The Institute will invoice the City for the half of the total contract amount ($9950) at execution of the contract. The City will be billed for the other half($9950) at the delivery of the reports. c. The fees for the presentation (including travel) are included above. Any required lodging will be approved by the City and billed to the City. No lodging is anticipated. Additional presentations will be provided (beyond the one described above) at $200 each. 5. Agreement Modification and Termination a. Any agreement to change the terms of the Agreement in any way will be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto. b. In the event that either party hereto shall commit any breach of or default in any of the terms or conditions of this Agreement, and also shall fail to remedy such default or breach within thirty (30) days after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option terminate this Agreement by sending notice of termination in writing to the other party to such effect, and such termination will be effective as of the date of the receipt of such notice of termination. At that time, the Institute will give the Salina all the information it has collected for the survey and will charge the Salina only the expenses incurred and fees earned up to the date that the notice of termination is delivered to the Salina, although the Institute will be entitled to keep any and all payments previously made by the Salina pursuant to this contract. 6. State of Kansas Contractual Provisions Attachment, Jurisdiction and Venue a. The provisions found in Contractual Provisions Attachment (form DA-146A), which is attached hereto and executed by the parties to this Agreement, are hereby incorporated in this Memorandum of Agreement and made a part hereof. b. This agreement will be subject to, governed by and construed through the laws of the State of Kansas. Jurisdiction and venue over any issues regarding this agreement lie with the court's Ellis County, Kansas. IN WITNESS WHEREOF, both of the parties accept and approve this AGREEMENT. City of Salina , By: U . Title: C. 1y W1 &u.a y Date: S— Ito-11 Fort Hays Stat University /Docking Institute of Public Affairs By: ►-r���t Title: a'eats-. 17 b -_.A-- Date: 5,$1 1-1 ;veil as to Form rays State University sner��erl� CONTRACTUAL PROVISIONS AT TACII N EN I' This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form,then that form must be altered to contain the following provision:"The Provisions found in Contractual Provisions Attachment(Form DA-146a,Rev. 1-01),which is attached hereto,are hereby incorporated in this contract and made a pan thereof"The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof,said contract being the 30th day of August_.2009. I. Terms Ilerein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. 2. Agreement With Kansas Law: All contractual agreements shall be subject to,governed by,and construed according to the laws of the State of Kansas. 3. Termination Due To Lack Of Funding Appropriation: If,in the judgment of the Director of Accounts and Reports,Department of Administration,sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder.State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year,and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract,except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right,at the end of such fiscal year.to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year,plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State,title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. Disclaimer Of Liability: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act(K.S.A.75-6101 et seq.). 5. Anti-Discrimination Clause: The contractor agrees:(a)to comply with the Kansas Act Against Discrimination(K.S.A.44-1001 et seq.) and the Kansas Age Discrimination in Employment Act(K.S.A.44-1111 et seq.)and the applicable provisions of the Americans With Disabilities Act(42 U.S.C. 12101 et seq.)(ADA)and to not discriminate against any person because of race.religion,color,sex,disability. national origin or ancestry,or age in the admission or access to.or treatment or employment in,its programs or activities:(b)to include in all solicitations or advertisements for employees,the phrase"equal opportunity employer";(c)to comply with the reporting requirements set out at K.S.A.44-1031 and K.S.A.44-1116:(d)to include those provisions in even subcontractor purchase order so that they are binding upon such subcontractor or vendor:(e)that a failure to comply with the reporting requirements of(c)above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission.such violation shall constitute a breach of contract and the contract may be cancelled,terminated or suspended in whole or in part by the contracting state agency or the Kansas Department of Administration:(I)if it is determined that the contractor has violated applicable provisions of ADA,such violation shall constitute a breach of contract and the contract may be cancelled,terminated or suspended.in whole or in part,by the contracting state agency or the Kansas Department of Administration. Parties to this contract understand that the provisions of this paragraph number 5(with the exception of those provisions relating to the ADA)are not applicable to a contractor who employs fewer than four employees during the term of such contractor whose contracts with the contracting state agency cumulatively total$5,000 or less during the fiscal year of such agency. 6. Acceptance Of Contract: This contract shall not be considered accepted.approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. Arbitration.Damages.Warranties: Notwithstanding any language to the contrary,no interpretation shall be allowed to find the State or any agency thereof has agreed to binding arbitration,or the payment of damages or penalties upon the occurrence of a contingency.Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act(K.S.A.75-6403),and no provision will be given effect which attempts to exclude.modify.disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose. 8. Representatives Authority To Contract: By signing this contract,the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 9. Responsibility For Taxes: The State of Kansas shall not be responsible for,nor indemnify a contractor for.any federal,state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The State of Kansas shall not be required to purchase,any insurance against loss or damage to any personal property to which this contract relates,nor shall this contract require the State to establish a"self-insurance"fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act(K.S.A.75-6101 et seq.),the vendor or lessor shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title. II. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A.46-1101 et sett. 12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved,but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."