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HomeMy WebLinkAboutBW Research Partnership Inc; 2018-12-28;AGREEMENT FOR 2019 AND 2021 CARLSBAD BIENNIAL BUSINESS SURVEY AND DATA COLLECTION SERVICES BW RESEARCH PARTNERSHIP, INC. THIS AGREEMENT is made and entered into as of the A.,2>~ day of ~'\N'\\;,g c , 20..1..ft, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BW RESEARCH PARTNERSHIP, INC., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a research consultant that is experienced in comprehensive business survey and data collection services for public agencies. B. Contractor has the necessary experience in providing professional services and advice related to developing and conducting business surveys and collecting data on industry clusters and employment. 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 one (1) year period 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 sixty-two thousand five hundred fifty dollars ($62,550). 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 will not exceed twenty-nine thousand three hundred fifty dollars ($29,350) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 6/12/18 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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 City Attorney Approved Version 6/12/18 2 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 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. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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. 10.1.4 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: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 City Attorney Approved Version 6/12/18 3 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 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 Joseph Stewart Title Management Analyst Community & Economic Department Development City of Carlsbad Address 1635 Faraday Ave. Carlsbad, CA 92008 Phone No. 760-602-4620 For Contractor Name Josh Williams President, BW Research Partnership, Title Inc. --------------- Address 2725 Jefferson St., Ste 13 Carlsbad, CA Phone No. 760-730-9329 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. City Attorney Approved Version 6/12/18 4 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 categories. Yes ■ NoD 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 (10) 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 City Attorney Approved Version 6/12/18 5 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 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. City Attorney Approved Version 6/12/18 6 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. BW RESEARCH PARTNERSHIP, INC., a California Corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: ,.JD'::> ~1 W, ( l L~s I P rc:-s.loleiz.-t (print name/title) ¥' SCOTT CHADWI City Manager By~~/ V (sign here) V.e,f75\tv.._~ 'vJ t l l L~\.-VV\S, ,Sc:·£¥~-ttlVy (print name/title) _J ATTEST: Q Jl:g,_lu~ 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 City Attorney Approved Version 6/12/18 7 EXHIBIT "A" SCOPE OF SERVICES The goal of this project is to evaluate Carlsbad businesses' concerns, perceptions, and plans for continuing to do business in Carlsbad. The goal will also be to measure businesses' satisfaction with the City and its services to assess the competitive position of Carlsbad's business community and the business climate. This information will allow the City to provide timely and relevant information to economic developers to ensure that Carlsbad is competitively positioned concerning its expansion, attraction, and retention strategies. Survey and Data Collection Methodology Based on Contractor's experience conducting similar studies for other agencies and Carlsbad's research objectives, Contractor recommends a survey instrument that is 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 and introduce non-response biases that make it harder to yield representative results. Contractor has considerable experience developing surveys that maximize the amount of information gathered in a given survey using intricate skip patterns that allow Contractor to ask the most relevant questions based on previous responses, adding additional data without lengthening the survey. Since small sample sizes simply do not provide enough information to ensure that the interviewed companies speak for the entire employer universe, Contractor proposes conducting quantitative research through a representative survey of 365 to 450 businesses to ensure representative data is collected. A sample size of n=365 provides a margin of error+/-5.0 percent given a 95 percent level of confidence for the universe of Carlsbad businesses. The sampling plan will also be stratified by employer size (number of employees), geography within Carlsbad, and industry type. Contractor has experience developing statistically representative samples based on the research objectives and target universe of the study and completing surveys over the phone (land line and mobile), through the mail, online, and in-person. Contractor does not advocate for or prefer any single data collection method, but instead believes that part of Contractor's job as research professionals is to use the most appropriate tool for the given project. Based on Contractor's experience conducting business survey research and the research objectives of this study, Contractor recommends applying a mixed-methodology by using telephone and web data collection, with targeted letters sent at the beginning of the project to businesses in segments with traditionally lower cooperation rates (such as large employers and those in more innovative industry clusters). The survey instruments will be distributed both in 2019 and in 2021. 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 Contractor's specialty. This is achieved by conducting secondary research at the start of the project to gather all the known data on the universe. Contractor will use secondary data to develop the sampling plan for the project, including employer data published by SANDAG, the California Employment Development Department's Labor Market Information Division, lnfoUSA, Emsi, and IMPLAN. Additionally, Contractor will City Attorney Approved Version 6/12/18 8 complement these data with the available business license database from the City to develop a comprehensive Carlsbad business database using all available resources. Based on this information, Contractor will develop two samples: one that accurately reflects the entire Carlsbad business community and a second that reflects an oversample of Carlsbad's five major industry clusters: life sciences, clean technology, information & communications technology (ICT), action sports manufacturing, and hospitality & tourism. Targeted Letters Contractor will develop a reliable protocol to maximize survey participation among businesses. This will include mailing an introductory letter on City stationary to 1,000 targeted businesses from the larger sample of businesses. Contractor's experience conducting similar projects for other municipalities has shown that certain types of businesses, such as larger employers or those in certain industry clusters are often harder to get to participate in a survey. Data Collection and Processing Active data collection will begin a few days after the letters have been mailed to allow time for businesses who want to call a 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, Contractor will pre-test both the telephone and Internet versions of the survey instrument and 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 will also allow the research team to test the effectiveness of the survey introduction in gaining participation and maximizing the response rate for the survey. The telephone and online surveys will include screening questions that will verify the business location, size, and industry. For the geographic location, survey respondents will be screened based on zip code for the physical address of the business. Only those respondents that indicate one of four zip codes within the City (92008, 92009, 92010, 92011) will be permitted to continue with the survey. If a respondent gives the PO Box zip codes 92013 or 92018, they will be asked once again to provide the zip code of the business's physical address. This protocol will allow the sampling plan to be followed and update the information in the employer database. Lastly, 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) and calls will be made on week-days during business hours. Tasks 1-4 below will apply to both the 2019 and the 2021 projects. Task 1: Kickoff Meeting and Survey Design By no later than January 31, 2019 and 2021, Contractor will meet with City staff to solidify the research objectives of the study and discuss the survey content and process. Through an iterative process, Contractor will work with City staff to update and revise the survey instrument, building upon the instrument that was used in 2012, 2014, and 2017. A draft survey instrument will be provided for City staff to review and provide comments before the time of the kickoff meeting. City Attorney Approved Version 6/12/18 9 The survey instrument will be designed, revised, and implemented in 2019 and 2021. Surveys will be no longer than 15 minutes in length and will be completed by a representative sample of 365 to 450 businesses. A sample size of n=365, provides a margin of error +/-5.0 percent given a 95 percent level of confidence for the universe of Carlsbad businesses. Deliverables: • Pre-survey kick-off meeting with agenda and meeting summary Contractor will meet with City staff to solidify the research objectives of the study and discuss the survey content and process no later than January 31, 2019 and 2021. Contractor will invoice City upon completion. • Draft survey instrument A draft survey instrument will be presented to City staff prior to the time of the kickoff meeting to review and provide comments in consultation with Contractor. Contractor will invoice City upon completion. Task 2: Sampling and Employers Database Development No later than two (2) weeks after completion of Task 1, Contractor will develop a sampling plan to accurately represent the universe of businesses in Carlsbad. To do this, Consultant will start by conducting secondary research to gather all the known data on the universe. The secondary sources that will be analyzed to develop the sampling plan for the project include employer data published by the San Diego Association of Governments (SANDAG) and the California Employment Development Department's Labor Market Information Division, as well as proprietary data sources such as lnfoUSA, Emsi, and IMPLAN. City staff will be provided one (1) round of comments and edits prior to finalizing the sampling plan document. A finalized survey instrument will be completed no later than three (3) weeks after delivery of the draft survey instrument. City staff will be provided two (2) rounds of comments and edits prior to finalizing the survey instrument. Contractor will examine the available business license database from the City to develop a final and comprehensive Carlsbad business database. The comprehensive business database will be used for several purposes and stratified by size (number of employees), geographic area within Carlsbad (zip code/neighborhood) and industry. First, the employer database will be used to develop the survey sampling plan, second to update the industry cluster profile of businesses within the City, and last to produce the list of the top 100 employers in the City, by the number of employees. Database will be provided to the City no later than two (2) weeks after completion of Task 1. Deliverables: • Representative and stratified sampling plan document Contractor will provide a sampling plan document no later than two (2) weeks after completion of Task 1. City staff will be provided one (1) round of comments and edits prior to finalizing the sampling plan document. Contractor will invoice City upon completion. • Finalized survey instrument Contractor will provide a finalized survey instrument no later than three (3) weeks after delivery of the draft survey instrument. City staff will be provided two (2) rounds of comments and edits prior to finalizing the survey instrument. Contractor will invoice City upon completion. City Attorney Approved Version 6/12/18 10 • Database of employers Contractor will provide a database of employers no later than two (2) weeks after completion of Task 1. Contractor will invoice City upon completion. Task 3: Data Collection and Processing Contractor will prepare for and begin completing business surveys and processing data using multiple methods (phone and online) and following a robust sampling plan. Contractor will program the surveys online and prior to collecting the data, Contractor will pre-test both the telephone and Internet versions of the survey instrument 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. Data collection will be completed no later than March 31 of the survey year. No later than two (2) weeks of completing data collection, Contractor will provide the City with a preliminary topline report of the results, which is a question-by-question summary of the survey data. Contractor will also meet with the City team in-person no later than two (2) weeks after data collection to discuss the initial findings and any specific requests for the comprehensive written report. Industry Cluster Update Contractor will provide the City an update of the size and economic impact of each of Carlsbad's five (5) major industry clusters (life sciences, information & communications technology, action sports manufacturing, clean technology, and hospitality & tourism) no later than two (2) weeks after completing data collection. The update will include economic metrics such as employment and wages (source: Emsi), as well as number of business locations in the city (source: Carlsbad business license database). This research will be compared to previous industry cluster research Contractor has completed for the City. City will be provided with one (1) round of comments and edits prior to finalizing the industry cluster update report. Deliverables: • Topline results report Contractor will provide a topline results report no later than two (2) weeks after completion of data collection. Contractor will invoice City upon completion. • Industry cluster update report Contractor will provide an industry cluster update report no later than two (2) weeks after completion of data collection. City will be provided with one (1) round of comments and edits prior to finalizing the industry cluster update report. Contractor will invoice City upon completion. • Post-data collection meeting with City staff Contractor will conduct a post-data collection meeting with City staff no later than two (2) weeks after completion of data collection. Contractor will invoice City upon completion. Task 4: Report and Presentation No later than three (3) weeks after data collection, Contractor will provide a professional report with the results of the study to the City. Contractor will work with City staff to ensure optimal report City Attorney Approved Version 6/12/18 11 layout and the report will be prepared and developed in a manner that will make it easy to compare results with previous years. Once City has reviewed the initial draft report, Contractor will meet with City staff to present the findings and discuss report revisions. This will be followed by subsequent rounds of editing as required during the process of drafting the final report. City will be provided two (2) rounds of comments and edits prior to finalizing the report. All report iterations will be provided in Word and PDF to the City. No later than two (2) weeks after finalizing report, Contractor will prepare a presentation with the study's key findings and recommendations. 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. Contractor will be available for a presentation to Carlsbad City Council if requested. As Contractor is located in Carlsbad, Contractor will be available for as many in-person meetings or presentations requested by the City, at no additional charge. Deliverables: • Draft research report Contractor will provide a professional report with the results of the study no later than three (3) weeks after data collection. Contractor will invoice City upon completion. • Post-report delivery meeting with City staff Contractor will meet with City staff to present the findings and discuss report revisions. Meeting will take place no later than two (2) weeks after the delivery of the draft research report. Contractor will invoice City upon completion. • Final research report City will be provided at least two (2) rounds of comments and edits prior to finalizing the report. All report iterations will be provided in Word and PDF to the City. Contractor will invoice City upon completion. • Presentation to Carlsbad Economic Development and Carlsbad City Council Contractor will prepare a presentation with the study's key findings and recommendations no later than two (2) weeks after finalizing report. Contractor will be available for a presentation to Carlsbad City Council if requested. Contractor will invoice City upon completion Task 5: Intermediate Data Collection (2020) In February 2020, Contractor will update Carlsbad's key industry clusters data from the previous calendar year. The research team will use Emsi to update employment, earnings, and salary data for each of the five industry clusters. To update the number of establishments, Contractor will work with the City to update the business license database and assess any change it may have occurred since the previous calendar year. Contractor will use the same quantitative methodology as the 2019 business survey to ensure results are comparable. To present and discuss the findings, the research team will meet with City staff. • Meeting with City staff to present findings Contractor will meet with City staff to present and discuss the findings for the industry cluster update. Contractor will invoice City upon completion. • Updated industry and employment numbers Contractor will provide the City an update of the size and economic impact of each of Carlsbad's five (5) major industry clusters. City will be provided with one (1) round of comments and edits prior to finalizing the industry cluster update report. City Attorney Approved Version 6/12/18 12 Task and Deliverables Budget: Contractor will invoice the following items on a deliverable-based payment schedule. Upon completion of a task and acceptance by the City, Contractor will invoice the City. Year 2019 2020 2021 Sample Size n=365-410 N=365-450 Length of Phone Survey 15 minutes 15 minutes Task 1 Deliverables Pre-survey kick-off meeting with agenda and $735 $769 meetina summary Draft survey instrument $1,169 $1,198 Task 1 Sub-Total $1,904 $1,967 Task 2 Deliverables Representative and stratified sampling plan $2,714 $2,781 document Finalized survey instrument $3,054 $3,115 Database of employers $3,872 $3,956 Task 2 Sub-Total $9,640 $9,852 Task 3 Deliverables Topline results report $10,512 $10,723 Industry cluster update report $1,713 $1,756 Post-data collection meeting with City staff $943 $964 Task 3 Sub-Total $13,168 $13,443 Task 4 Deliverables Draft research report $1,252 $1,288 Post-report delivery meeting with City staff $1,046 $1,068 Final research report $942 $956 Presentation to Carlsbad Economic Development $748 $776 and Carlsbad City Council Task 4 Sub-Total $3,988 $4,088 Task 5 Deliverables Meetina with citv staff to present findinQs $2,473 Updated industry and employment numbers $2,027 Task 5 Sub-Total $4,500 Total Cost for Business Survey and Data Update $28,700 $4,500 $29 350 Note: Assumes City of Carlsbad provides letterhead and envelopes. Up to 1,000 letters mailed. Sub Consultant: Phone data collection will be done by Forza Insights Group, costing between $8,037 and $8,187 and representing approximately 28% of the project work. This is included in the above budget and will not add to the total cost indicated in the table above. City Attorney Approved Version 6/12/18 13 City Attorney Approved Version 6/12/18 14 ~ BWRES-1 n01n-i::r ACORD' CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 12/14/2018 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 have ADDITIONAL INSURED provisions or 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(sl. PRODUCER 760-729-1143 S2t:W·cT Steven Tague Tague Insurance Agency 15 E Broadway Ste A rit)8,N:o, Ext): 760-729-1143 I r.e~. No):760-729-8617 Vista, CA 92084-6068 ~ ... "1fJb. ... , Steven Tague INSURER/SI AFFORDING COVERAGE NAIC# INSURER A, The Hartford 29424 INSURED Bw Research Partnership, Inc. INSURER B: Hanover Insurance Group 2725 Jefferson St., # 13 Carlsbad, CA 92008 INSURER C: INSURER D: INSURERE: INSURER F: 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 POLICY NUMBER .J~OIJCe'! ~ff . ~!)LICY ~XP LIMITS I Tl> '""" """' A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -~ CLAIMS-MADE □ OCCUR ~~ttbl~1J9F~ENTED 1,000,000 72SBARB4993 11/16/2018 11/16/2019 $ -X Business Owners MED EXP /Anv one oerson\ $ 10,000 - PERSONAL & ADV INJURY $ 2,000,000 - ~'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 POLICY □ ff8-f □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 ,c: ...... ,.,..,,..,... ..... \ $ - X ANY AUTO 72UECJO0120 07/17/2018 07/17/2019 BODILY INJURY /Per oersonl $ -OWNED ~ SCHEDULED -AUTOS ONLY f--AUTOS BODILY INJURY /Per accident) $ HIRED ~8ro'§'½~r~ fp~?~&:~leit~AMAGE $ -AUTOS ONLY f-- i UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION X I ~~~Tl IT!' I I ,?JH-AND EMPLOYERS' LIABILITY Y/N 72WECL Y9597 09/20/2018 09/20/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~Sc:~i~-IT3~ o'/gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B E&O Dedt 5000 LH3A81677302 01/10/2018 01/10/2019 PROPERTY 16,600 A Property Dedt 5000 72SBARB4993 11/16/2018 11/16/2019 E&O 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) *Unless nonpay which is 10 day. The City of Carlsbad, its officials, employees, and volunteers are named as additional insured, coverage is Grima~ and waiver of subrogation applies per attached Hartford form 5000 0405. CITY028 City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Dr Carlsbad, CA 92008 ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE ~,~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / / POLICY NUMBER: 72 SBA RB4 9 9 3 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: O 8 / 2 9 I 18 Expiration Date: 11 / 16 / 19 ✓ POLICY NUMBER: 72 UEC JO0120 CHANGE NUMBER: 003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: NAMED PERSON (S) OR ORGANIZATION (S) COMMERCIAL AUTO COVERAGE PART LOS RIOS COMMUNITY COLLEGE DISTRICT 1919 SPANOS COURT SACRAMENTO, CA 95825 THE CITY OF CARLSBAD LIBRARY AND CULTURAL ARTS DEPT. 1 775 DOVE LANE CARLSBAD, CA 92011 COUNTY OF MONTEREY CONTRACT/PURCHASING DIVISION 168 W. ALISAL STREET, 3RD FLOOR SALINAS, CA 93901 THE COUNTY OF MONTEREY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED. CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 Form IH 12 0111 85 SEQ.NO. 01 Printed in U.S.A.