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HomeMy WebLinkAboutBW Research Partnership Inc; 2016-12-12;AMENDMENT NO.1 TO AGREEMENT FOR COMPLETION OF CARLSBAD BIENNIAL BUSINESS SURVEY SERVICES BW RESEARCH PARTNERSHIP, INC. -ctt.1 This Amendment No.1 is entered into and effective as of the 1:, .,..[kay of :b c½A [~.t , 2018, amending the agreement dated December 12th, 2016 (the "Agr ment") by and between the City of Carlsbad, a municipal corporation, ("City"), and BW Research Partnership, Inc., ("Contractor'') (collectively, the "Parties") for business survey & industry cluster research. RECITALS A. On the 12th day of December 2016, the Parties executed the Agreement to complete the Carlsbad biennial business survey; and B. The Parties desire to alter the Agreement's scope of work to update industry data for 2017; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed twenty-five thousand two hundred forty-five dollars ($25,245). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one thousand two hundred fifty dollars ($1,250). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by December 11, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. City Attorney Approved Version 9/27/16 1 BW RESEARCH PARTNERSHIP, INC., a California corporation By: -Josh A. w; I l11A-~'Y\S , Pre.~'~-~ (print name/title) (sign here) V.:---1'o}U.DA \IV I l (l~ms 1 ~nxefr{VtJ (print name/title) J CITY OF CARLSBAD, a municipal corporation of the State of California Debbie Fountain, Community & Economic Development Director BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: S:'£.J cyL7 AssistanfCity Attorn~ City Attorney Approved Version 9/27/16 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Contractor will update data for 2017 on Carlsbad's industry clusters. Task: City will provide Contractor with an updated business license list from the city's business license database for the purposes of aggregate data analysis only. Contractor will utilize the same methodology as the 2017 business survey and leverage "secondary data analysis" (EMSI, BLS, QCW, lnfoUSA, etc.) to perform the following: • Gather updated data from 2017 on the number of establishments and the level of employment, earnings, and salary information in each of the following five (5) industry clusters within Carlsbad: o Life Sciences o Information & Communication Technology o Action Sports o Clean Technology o Hospitality & Tourism This research will be compared to the previous industry cluster research Contractor has completed for the City of Carlsbad. Deliverable: Within two (2) weeks of the data collection, Contractor will present initial findings to city staff for review and analysis at an in-person meeting. City and Contractor will agree to one round of edits and revisions. Contractor will deliver final updated establishment and level of employment numbers for each industry cluster within one week after the initial data review. Fee: Contractor can conduct the entire scope of services for a fixed fee amount of one thousand two hundred fifty dollars ($1,250) to be paid at the completion of task and deliverable. City Attorney Approved Version 9/27/16 3 OP ID: ED ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 760-729-1143 CONTACT NAME: Ta8ue Insurance Agency Fax: 760-729-8617 wgN:o Extl: I rffc, No}: 15 E BroadwaJ. Ste A Vista, CA 9208 -6068 E-MAIL ADDRESS: Steven Tague ~~~~~~::ID#: BWRES-1 INSURER($) AFFORDING COVERAGE NAIC# INSURED BW Research Partnership Inc 1NsuRER A: Hartford Casualty Insurance Co 29424 2725 Jefferson St Ste 13 INSURER B: Hanover Insurance Group Carlsbad, CA 92008 INSURER C : p & C Ins Co of Hartford 34690 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,:~Mi~ POLICY EXP LTR , ...... lwvn POLICY NUMBER IMM/DD/YYYYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY 72SBARB4993 PREMISES IEa occurrence\ $ 300,000 -~ CLAIMS-MADE 00 OCCUR MED EXP (Any one person) $ 10,000 A X Business Owners 11/16/2017 11/16/2018 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 n POLICY n P,fR,: nLOC Ded $ 500 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ~ (Ea accident) C X ANY AUTO 72UECJ00120 07/17/2017 07/17/2018 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ ~ SCHEDULED AUTOS PROPERTY DAMAGE -$ X HIRED AUTOS (Per accident) - X NON-OWNED AUTOS Ded $ 1,00C DEDUCTIBLE 1,000 $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X I WCSTATU-I IOTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER A Y/N 72WECL Y9597 09/20/2017 09/20/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ g~st~rt-Wt~ ~t'6PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Property Dedt 500 72SBARB4993 11/16/2017 11/16/2018 PROPERTY 16,600 B E&O Dedt 5000 LH3A81677301 01/10/2017 01/10/2018 E&O 1,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) *Unless nonpaa which is 10 day. The City of Carlsbad, its officials, employees, an volunteers are named as additional insured, coverage is ~rl.llla~ and waiver of subrogation applies per attached Hartford form S0008 405. CERTIFICATE HOLDER CANCELLATION CITY028 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Dr Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~\~ I © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD j POLICY NUMBER: 72 SBA RB4993 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PERSON-ORGANIZATION CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008 COUNTY OF SANTA BARBARA DEPARTMENT OF SOCIAL SERVICES 2125 S. CENTERPOINTE PARKWAY SANTA MARIA, CA 93455 LOS RIOS COMMUNITY COLLEGE DISTRICT 1919 SPANOS CT SACRAMENTO, CA 95825 SAN BERNARDINO COMMUNITY COLLEGE DISTRICT 114 SOUTH DEL ROSA DR. SAN BERNARDINO CA 92408 COUNTY OF MONTEREY ITS OFFICERS, AGENTS AND EMPLOYEES ARE LISTED AS ADDITIONAL INSURED PER BUSINESS LIABILITYCOVERAGE FORM SS0008 AND A PRIMARY AND NON-CONTRIBUTORY BASIS APPLIES. CONTRACTS/PURCHASING DIVISION 168 W ALISAL ST FL 3 SALINAS, CA 93901 THE CITY OF SUNNYVALE, ITS OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS 505 WEST OLIVE AVE, STE 550 SUNNYVALE, CA 94086 CITY OF SAN DIEGO PURCHASING AND CONTRACTING DEPT ARCHITECTURAL AND ENGINEERING CONSULTANT CONTRACT SECTION AND IT'S RESPECTIVE ELECTED OFFICIALS, OFFICERS,EMPLOYEES AND AGENTS 1200 THIRD AVE STE 200 SAN DIEGO, CA 92101 CITY OF SAN JOSE ITS OFFICERS, EMPLOYEES, AGENTS AND CONSULTANT 200 EAST SANTA CLARA STREET SAN JOSE, CA 95113 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 0 8 /31 / 1 7 Expiration Date: 11 / 16 / 18 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However. this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations. unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage ansing out of the ·occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or ·suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The lnsured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment. assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional lnsured's Other Insurance If we cover a claim or "suir under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or {6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose al! hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary. we will share with all that other insurance by the method described in c. below. b. Excesslnsurance This insurance is excess over any of the other insurance, whether primary. excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for •your work"; (2) Premises Rented To You That is fire. lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage• to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. -Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. - Coverages. Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss. if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2} The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Page 17 of24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business liability Coverage in this policy, except as provided below: 1. Additional Insured -Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured -Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person{s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new Page 18 of 24 construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured • Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Granter Of Franchise, but only with respect to their liability as granter of franchise to you. 4. Additional Insured • Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person{s) or organization(s) shown in the Declarations as an Additional Insured -lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage· or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person{s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured • Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured -Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured -State Or Political Subdivision -Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Form SS 00 08 04 05 Insured -State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage• included in the "product-completed operations" hazard. 7. Additional Insured-Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection. demonstration, testing, or the substiMion of parts under instructions from the manufacturer, and then repackaged in the original container; Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor: or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured -Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization{s) shown in the Declarations as an Additional Insured - Controlling Interest, .but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured -Owners, Lessees Or Contractors Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured -Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury". "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products- completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured -Co-Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization{s) shown in the Declarations as an Additional Insured -Co- Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. Page 20of24 The limits of insurance that apply to additional insureds are described in Section D. -Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. - Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi-trailer designed for travel on public roads. including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Form SS 00 08 04 05 AGREEMENT FOR COMPLETION OF THE CARLSBAD BIENNIAL BUSINESS SURVEY SERVICES BW RESEARCH PARTNERSHIP, INC. THIS AGREEMENT is made and entered into as of the JJ-f:b day of December, 2016, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BW Research Partnership, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a research consultant that is experienced in conducting comprehensive business services for public agencies. B. Contractor has the necessary experience in providing professional services and advice related to developing and conducting business surveys. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional three (3) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-three thousand nine hundred ninety-five dollars ($23,995). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1/15 2 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Glen Van Peski Community & Economic Title Development Director Community & Economic Department Development City of Carlsbad Address 1635 Faraday Avenue Carlsbad,CA 92008 Phone No. 760-602-2783 For Contractor Name Josh Williams President, BW Research Partnership, Title -'lc:...:n_.::_c:_. ___________ _ Address 2725 Jefferson St., Ste 13 Carlsbad, CA 92008 Phone No. 760-730-9325 Email jwilliams@bwresearch.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 4 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that City Attorney Approved Version 4/1/15 5 Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 4/1/15 6 CONTRACTOR BW Research, Inc. (sign hre) .,.b=> h vV \I l La W1""> I \Jrr--~te:~v'-:t (print name/titre) (sign here) . I . . V C{Q}U ti\ 1t\J d ll£L\MS, ~ t>r T?U=oJ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ~eN~u.HW~~id-~ fl!!.."" .,,,-c..--.~.~ Col:t:ll:t:lllnity ....$ ~CQAQI+liS De,velnp~:t:~ent OU"eeteflo ~. """· ATTEST: \l\ !'O:UM R:ni:u1~ k,__ BARBARA ENGLESON t/-- City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 4/1/15 7 Exhibit "A" Scope of Services and Fee [bw] RESEARCH PARTNERSHIP 2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008 50 MILL POND DRIVE, WRENTHAM, MA 02093 T (760) 730-9325 F (888) 457-9598 MEMORANDUM To: City of Carlsbad, Economic Development Team From: Josh Williams, BW Research Date: November 21, 2016 bwresearch.com twitter.com/BW Research facebook.com/bwresearch Re: Proposed Scope of Work and Budget for 2016/17 Business Survey & Industry Cluster Research This memorandum provides a description for the proposed scope of work and budget for the 2016/17 City of Carlsbad business suNey. BW Research proposes following the methodology that was used in 2012 & 2014 to survey Carlsbad businesses. This will allow comparability of results and maximize cost efficiency for the City. The business suNey process will also be supported by BW Research updating the City of Carlsbad's research and information on its industry clusters and the identification of its largest employers. PROPOSED SCOPE OF WORK BW Research understands that the primary goals of this project are to measure businesses' satisfaction with the City and its seNices and to assess the competitive position of Carlsbad. This information will allow the City to provide timely and relevant information to economic developers to ensure that Carlsbad is competitively positioned in regards to its attraction and retention strategies. The primary objective of any research study is to ensure that the information collected is accurate and representative. These criteria are met through careful project design and implementation, and can only be obtained by engaging in robust data collection. Though anecdotal and qualitative data collection can help add color and context to a research study, the opinions of only a few firms in each targeted sector cannot provide a representative view of the industries. Small sample sizes simply do not provide enough information to ensure that the interviewed companies speak for the entire employer universe. As a result, BW Research proposes conducting quantitative research through a representative suNey of 150 to 500 businesses to meet the study's objectives. BW Research has extensive experience developing statistically representative samples based on the research objectives and target universe of the study and completing suNeys over the phone (land line and mobile), through the mail, online, and in-person. BW Research does not advocate for or prefer any single data collection method, but instead believes that part of our job as research professionals is to use the most appropriate tool for the given project. Based on BW Research's experience conducting business suNey research and the City of Carlsbad's research objectives, we recommend conducting the project using a telephone and web data collection methodology, with targeted letters sent at the beginning of the project to businesses in segments with traditionally lower cooperation rates (such as large employers). [bw] RESEARCH PARTNERSHIP 2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008 50 MILL POND DRIVE, WRENTHAM, MA 02093 T (760) 730-9325 F (888) 457-9598 MEMORANDUM Kick-off & Survey Development bwresearch.com twitter.com/BW Research facebook.com/bwresearch Prior to beginning the project, the research team will meet with the City of Carlsbad to go over the research objectives for the study and discuss the survey content and process. Through an iterative process, BW Research will work with the City to update and revise the survey instrument, building upon the instrument that was used in 2012 and 2014. Based on our experience conducting similar studies for other agencies and Carlsbad's research objectives, we recommend a survey instrument, no longer than 15 minutes in length. Longer surveys (especially those 16 to 20 minutes), particularly for businesses, often result in higher refusal and drop-off rates among businesses where "time is money" and introduce non-response biases that make it harder to yield representative results. BW Research has considerable experience developing surveys that maximize the amount of information gathered in a given survey using intricate skip patterns that allow us to ask the most relevant questions based on previous responses, adding additional data without lengthening the survey. Sampling Method Careful consideration of research methodology and a well-executed sampling plan are the key components to any reliable and valid research study. Developing complex sampling plans to accurately represent the universe of interest for a study is BW Research's specialty. BW Research achieves representative results by conducting secondary research at the start of the project to gather all the known data on the universe. The secondary data that BW Research will analyze to develop the sampling plan for the project will include employer data published by the San Diego Association of Governments (SANDAG) and the California Employment Development Department's Labor Market Information Division. BW Research will also evaluate proprietary data sources from lnfoUSA, JobsEQ and IMPLAN for City of Carlsbad businesses. BW Research will also analyze the available business license database from the City of Carlsbad. This data will also be used to update the industry cluster profile of businesses within the City of Carlsbad. Based on that information, BW Research will develop two samples, one that accurately reflects the entire Carlsbad business community, and a second that reflects an oversample of Carlsbad's five industry clusters, Life Sciences, Clean Technology, Information & Communications Technologies (ICT), Action Sports Manufacturing, and Hospitality & Leisure. BW Research will consult with the City of Carlsbad and produce a list of top 50 employers in the City of Carlsbad. Targeted Letters BW Research will develop a reliable protocol to maximize survey participation among busi This will include mailing an introductory letter on City of Carlsbad stationary to 1,000 targeted businesses from the larger sample of businesses. Our extensive experience conducting sim for other municipalities has shown that certain types of businesses-such as larger empl those in certain industry clusters-are often harder to get to participate in a survey. Page I 2 [bw] RESEARCH PARTNERSHIP 2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008 50 MILL POND DRIVE, WRENTHAM, MA 02093 T (760) 730-9325 F (888) 457-9598 MEMORANDUM Data Collection bwresearch.com twitter.com/BW Research facebook.com/bwresearch Active data collection will begin a few days after the letters have been mailed to allow time for businesses who want to call our 1-800 number or utilize the survey URL to do so. Active data collection utilizing multiple methods is essential to ensuring that the results are not reflective of a self-selecting survey process. Prior to beginning data collection, BW Research will pre-test both the telephone and Internet versions of the survey instrument with a minimum of 20 completed interviews to ensure that all the words and questions are easily understood by respondents and that the Internet version is both user-friendly and visually appealing. We will also train all interviewing staff on the specifics of the project before going into the field and monitor the interviews during pre-testing so that any necessary changes can be made quickly and efficiently. The pre-test also allows us to test the effectiveness of the survey introduction in gaining participation and maximizing the response rate for the survey. BW Research will complete a minimum of 150 survey's via telephone and will work with the City of Carlsbad to develop a database of employer emails to work to expand the sample size of total completes. Throughout data collection, an average of four to five telephone callbacks will be made per number (more may be utilized for larger employers or those in certain industry segments that traditionally have lower cooperation rates). Data Processing and Research Deliverables The team at BW Research is comprised of experts in the field with regard to data processing and analysis. We hold ourselves to extremely high quality control standards and evaluate each project individually to find the best way to present the data. BW Research will check all data for accuracy and completeness prior to conducting any analysis. We will also code any verbatim, qualitative responses into categories to enhance the analysis. Database of Largest Carlsbad Employers Within one week of completing the sampling plan, BW Research will provide the City of Carlsbad with a database of the City of Carlsbad's largest employers (top 1 00) by the number of employees at their Carlsbad locations. Toplines Within one week of completing data collection, BW Research will provide the City of Carlsbad with a preliminary top line report of the results, which is a question-by-question summary of the survey data. BW Research will also meet with the survey team in-person or by phone to discuss the initial findings and any specific requests for the comprehensive written report. Industry Cluster Update Within two weeks of completing data collection, BW Research will provide the City of Carl of the size and economic impact of each City of Carlsbad Industry cluster. This research to previous industry cluster research BW Research has completed for the City of Page I 3 [bw] RESEARCH PARTNERSHIP 2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008 50 MILL POND DRIVE, WRENTHAM, MA 02093 T (760) 730-9325 F (888) 457-9598 MEMORANDUM Research Report bwresearch.com twitter.com/BW Research facebook.com/bwresearch The team at BW Research strives to provide our clients with reliable research and actionable results. We spend considerable time interpreting the data and synthesizing the research findings into meaningful conclusions and recommendations based on the research objectives of the study. We believe it is our job to connect the dots for the readers and the City of Carlsbad representatives who need to take action from the results of the study. The report will be prepared and developed in a manner that will make it easy to compare and contrast results from year to year. Once the City and its economic development team have reviewed the draft report, BW Research will meet with the City to present the findings and discuss report revisions. Presentation The research team members are skilled at presenting research findings to a variety of audiences. Accompanied by PowerPoint slides, the presentation will summarize the highlights of the study and focus on the resulting conclusions and recommendations in an interactive format that allows for discussion. Given that BW Research is located in Carlsbad, BW Research will be available for as many in-person meetings or presentations requested by the City, at no additional charge. Page I 4 [bw] RESEARCH PARTNERSHIP 2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008 50 MILL POND DRIVE, WRENTHAM, MA 02093 T (760) 730-9325 F (888) 457-9598 MEMORANDUM PROPOSED BUDGET bwresearch.com~~[!]• . ~ twitter.com/BW Research facebook.com/bwresearch [!] .._ · . Below is our fixed-fee to complete the entire project. BW Research has provided the City of Carlsbad with the costs associated with conducting a 15-minute telephone and web survey of approximately 230 completed surveys (150 by telephone and 80 by web). Given that BW Research is located in Carlsbad, we do not have a limit on the number of in person meetings or presentations with the City as part of the project scope. As long as the project parameters do not change from those proposed (e.g., number of surveys, length of survey, method of data collection), the costs will not change even if the team spends more hours on the project than originally estimated. 2016/17 Survey of Businesses & Related Research Sample Size n=150 to 300 Length of Phone Survey 15 min. Consultant Services Secondary Research & Employer Data $2,495 Sun.ey Design $1,075 Develop & Monitor Sampling Plan $1,650 Web Programming & Data Processing $2,275 Research & Analysis $5,500 Sub-Total Consultant Services $12,995 Direct Costs Sample Purchase & Proprietary Data $3,100 IHR Group CA Tl Programming $950 Training, Pre-Testing, & Monitoring $775 Telephone Interviewing $5,550 Other Introductory Letter Printing & Postage* $625 Sub-Total Direct Costs $11,000 Total for 2016/17 Business Survey $23,995 *Assumes City of Carlsbad provides letterhead and envelopes. Up to 1 ,000 letters mailed. Page I 5