HomeMy WebLinkAboutBW Research Partnership Inc; 2012-11-13;AMENDMENT NO. 3 TO AGREEMENT FOR COMPLETION OF THE INDUSTRY
ASSESSMENT FOR GAMING AND RETAIL BUSINESSES IN CARLSBAD
BW RESEARCH PARTNERSHIP, INC.
mendment No. 3 is entered into and effective as of the \':)tl day of
--------1'-'UI<....I~~-----' 2015, amending the agreement dated November 13, 2012
(the "A e ent") y nd between the City of Carlsbad, a municipal corporation, ("City"), and BW
Resear artner · , Inc., ("Contractor'') (collectively, the "Parties") for completion of the
Carlsbad Annual Business Survey
RECITALS
A. On December 12, 2013, the Parties executed Amendment No. 1 to the Agreement
to complete the city's downtown business and customer survey regarding the farmer's market;
and
B. On October 23, 2014, the Parties executed Amendment No.2 to the Agreement to
complete the city's biennial business survey; and
C. The Parties desire to alter the Agreement's scope of work to complete an industry
assessment for gaming and retail businesses in Carlsbad; and
D. 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".
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 seven thousand nine-hundred fifty dollars
($7,950). 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 November 13, 2015.
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.
City Attorney Approved Version 1/30/13
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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.
CONTRACTOR
(sign here)
.Josh WtllttLwts, Pres~~
(print name/title)
By~
(sign here)'
~ Wltlliuns~ ~ij
(print name/title) "J
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:~
City Manager or Mayor or Director
ATTEST:
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 1/30/13
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[bw] RESEARCH
PARTNERSHIP
City of Carlsbad, Economic Development
Attn: Christina Vincent, Economic Development Manager
1635 Faraday Ave.
Carlsbad, CA, 92008
Exhibit "A"
Scope of Services and Fee
BW Research Partnership, Inc. (BW Research) is pleased at the opportunity to be considered for
work with City of Carlsbad's Economic Development Department on the creation of an industry
assessment for gaming and retail businesses in Carlsbad.
Below is a potential scopes of work for BW Research to assist the City of Carlsbad in their
evaluation of the City's gaming and retail business community. Please provide feedback on the
components of each option that you would like to see in a final project plan. Before finalizing the
research plan, BW Research would recommend meeting with the Economic Development
Department to gain a deeper understanding of the research objectives for the study.
Industry Research Assessment
This baseline industry assessment would include the following scope of service;
• A detailed definition of the gaming and retail industry and an identification of the key
segments that exist within that industry based on the profile of businesses in Carlsbad.
This would include both primary, secondary and tertiary NAICS codes.
• An estimate of the size and profile of this industry and the key segments in the City of
Carlsbad and as relevant the surrounding cities. This would include a historical and
forecast of industry growth and an identification of key occupations and technologies
associated with the key segments.
• The development of a database of all firms within Carlsbad in the defined gaming and
retail industry and their relevant segments.
• The economic impact (fiscal, employment, and output) of each industry upon the City of
Carlsbad.
• Executive Interviews (up to 10 in each industry) with Carlsbad employers who are
engaged in the gaming OR retail industry. The interviews would focus on the firm's
current and expected economic and workforce development needs and opportunities for
collaboration with the City.
• An evaluation of the relative concentration of this industry and its components in
comparison to national and regional averages.
• An industry report (one for each industry) describing the methodology and findings of the
research.
Total Cost: $4,450 (for just one industry) or $7,950 for both industries, if completed at the same
time.
2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008
50 MILL POND DRIVE, WRENTHAM, MA 02093
T (760) 730-9325 F (888) 457-9598 --bwresearch.com
twitter.com/BW Research
facebook.com/bwresearch Page 11
AMENDMENT NO. 2 TO AGREEMENT FOR COMPLETION OF THE CARLSBAD BIENNIAL
BUSINESS SURVEY
BW RESEARCH PARTNERSHIP, INC.
This Amendment No. 2 is entered into and effective as of the ;?.3n:l... day of
Oe-fobc.-r-, 2014, amending the agreement dated November 13, 2012
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and BW
Research Partnership, Inc., ("Contractor") (collectively, the "Parties") for completing the city's
biennial business survey to measure businesses' satisfaction with the City and its services and to
assess the competitive position of Carlsbad.
RECITALS
A. On December 12,2013, the Parties executed Amendment No.1 to the Agreement
to complete the city's downtown business and customer survey regarding the farmer's market;
and
B. The Parties desire to alter the Agreement's scope of work to complete the city's
biennial business survey; and
D. 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".
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 twenty-five thousand, nine hundred
seventy-five dollars ($25,975). 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 February 27, 2015.
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.
City Attorney Approved Version 1/30/13
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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.
CONTRACTOR
Jos~ With~Vn.sfp~;t&&
(print nam~/title)
By:J\J~
(sign here )c:;::;:::::
v~ vv;\ tt~v~s I &cvldv_~
(print name/title) J
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: ~r9ireole• Steve Sarkozy
ATTEST:
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 1/30/13
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[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: October 7, 2014
Exhibit "A"
Scope of Services and Fees
bwresearch.comiii!J• . ~
twitter.com/BW Research
facebook.com/bwresearch I!J ~ · .
Re: Proposed Scope of Work and Budget for 2014 Business Survey
This memorandum provides a description for the proposed scope of work and budget for the 2014 City of
Carlsbad business survey. BW Research proposes following the methodology that was used in 2012 to
survey Carlsbad businesses. This will allow comparability of results and maximize cost efficiency for the
City. The project team for BW Research will include, Josh Williams (project manager), Phil Jordan
(principal researcher), Ryan Young (principal analyst) and Cynthia Alvarez (research analyst).
PROPOSED SCOPE OF WORK
BW Research understands that the primary goals of this project are to measure businesses'
satisfaction with the City and its services 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 survey 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 surveys 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 survey 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).
Page 11
[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 1!111• . ~
twitter.com/BW Research
facebook.com/bwresearch 1iJ ~"-· .
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.
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 and Economic Modeling
Specialists, Inc. (EMS I) for City of Carlsbad businesses. BW Research will also analyze the
available business license database from 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, Biotechnology, Clean Energy, Information & Communications Technologies (ICT), Sports &
Active Lifestyle, and Tourism. BW Research will consult with the City of Carlsbad on the recommended
sizes of both samples based on the secondary data analysis.
Targeted Letters
BW Research will develop a reliable protocol to maximize survey participation among businesses.
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 emp
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~~I!J• . ~
twitter.com/BW Research
facebook.com/bwresearch 1iJ ~ · .
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 survey's via telephone, either 150 or 350 depending on the
cost option, 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.
Toplines
Within one week of completing data collection, BW Research will provide the City of Carlsbad
with a preliminary topline 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.
Research Report
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
contrast results from year to year. Once the City and its economic development team na,,•~--++--T
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
bwresearch .com
twitter.com/BW Research
facebook.com/bwresearch
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 14
[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
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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 225 completed surveys (150 by telephone and 75 by web) or 425 completed
survey (350 by telephone and 75 by web). It is worth nothing that in 2012, we completed 95 surveys over
the web and 73 of those were completed without a phone recruit.
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.
2014 SURVEY OF BUSINESSES
Sample Size* n=150 to 300 n=350 to 500
Length of Phone Survey 15min.
Consultant Services
Secondary Research & Business Profile $750
Survey Design $1,575
Dewlop & Monitor Sampling Plan $1,650
Web Programming & Data Processing $2,275
Research & Analysis ~
Sub-Total Consultant Services $11,300
Direct Costs
Sample Purchase $1,975
IHRGroup
CATI Programming $950
Training, Pre-Testing, & Monitoring $775
Telephone Interviewing $4,350
~
Introductory Letter Printing & Postage** $625
Sub-Total Direct Costs $8,675
Total for 2014 Business Survey $19,975
* Lower number in sample size reflects just phone survey completes and is the minimum,
higher number assumes phone completes and 150 web completes
**Assumes City of Carlsbad provides letterhead and enwlopes. Up to 1,000 letters mailed.
Page I 5
15min.
$750
$1,575
$1,650
$2,275
$5.250
$11,500
$1,975
$950
$775
$10,150
$625
$14,475
$25,975
AMENDMENT NO. 1 TO AGREEMENT FOR THE
CITY'S DOWNTOWN BUSINESS & CUSTOMER SURVEY
REGARDING THE FARMER'S MARKET
BW Research Partnership, Inc.
This A~ No.1 is entered into and effective as of the I.:J te day of
.R A~~ , 20&_, amending the agreement dated November 13,
2(ihe "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"),
and BW Research Partnership, Inc., ("Contractor") (collectively, the "Parties") for the City's
Downtown business and customer survey regarding the Farmer's Market.
RECITALS
A. On November 13, 2012, the Parties executed the Agreement; and
B. The Parties desire to amend and fund the Agreement to include the City's
Downtown business and customer survey regarding the Farmer's Market; and
C. The Parties desire to alter the Agreement's scope of work to include working with
the City of Carlsbad's Economic Development and Planning divisions on the development and
implementation of the City's Downtown business and customer survey regarding the Farmer's
Market; and
D. 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".
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 six thousand two hundred and fifty
dollars ($6,250). 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 March 31, 2014.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
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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.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
Director
ATTEST:
~~A-o~ -BARBARA ENGLES
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: --------------------------Assistant City Attorney
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-----~--------~-~-------~
[bw] RESEARCH
PARTNERSHIP
City of Carlsbad, Economic Development
Attn: Pam Drew, Planning Department
1635 Faraday Ave.
Carlsbad, CA, 92008
November 26, 2013
EXHIBIT "A"
BW Research Partnership, Inc. (BW Research) is pleased at the opportunity to be considered for
work with City of Carlsbad's Economic Development and Planning Departments on the
development and implementation of the City's Downtown business and customer survey
regarding the Farmer's Market.
Below is a potential scope of work for BW Research to manage and implement for the City of
Carlsbad a survey of the value of the Farmer's Market (FM), with particular emphasis on the
comparative assessment of the current and historic locations, for both businesses and customers.
Business and FM Customer Survey
The survey process and deliverables would include the following scope of service;
• The development and implementation of a business survey, that will be offered in-person
(intercept surveys) and online. BW will identify and develop a sampling plan to represent
retail, restaurants, drinking establishment and personal service establishments that
depend on foot traffic west of Jefferson and between Oak Ave. and Beech Ave. BW
Research will focus on completing up to 50 business surveys or at least 50 percent of the
businesses that are identified in the universe.
• The development and implementation of Farmer's market customer survey that will be
offered in-person through intercept surveys. BW will develop a sampling protocol to
gather a representative sample of farmer's market customers over. Three trained
intercept interviewers will collect surveys over a five hour period during the Farmer's
market. BW Research will focus on getting between 150 and 250 completed surveys per
day of Farmer's Market surveying.
• Toplines of both the business survey and the customer survey. Cross-tabulations for the
customer survey, if relevant.
• A short report describing the methodology for both surveys and the key findings as well
as short PowerPoint summarizing the key findings.
Total Cost: $5,500 (for one day of FM customer surveying) or $6,250 (for two days of FM
customer surveying)
2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008
50 MILL POND DRIVE, WRENTHAM, MA 02093
T (760) 730-9325 F (888) 457-9598
II• . ~ bwresearch.com
twitter.com/BW Research
I!J :~e. • • facebook.com/bwresearch Page 11
AGREEMENT FOR THE COMPLETION OF THE
CARLSBAD ANNUAL BUSINESS SURVEY
BW Research Partnership, Inc.
THIS AGREEMENT is made and entered into as of the / 3-#) day of
November, 2012, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"),
and BW Research Partnership, Inc., ("Contractor'').
RECITALS
A City requires the professional services of a Research Consultant that is
experienced in conducting comprehensive business surveys for public agencies.
B. Contractor has the necessary experience in providing professional services and
advice related to the developing and conducting comprehensive 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 an additional three-
year period or parts thereof in an amount not to exceed nineteen thousand two hundred and
seventy-five dollars ($19,275) per Agreement period. 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
nineteen thousand two hundred and seventy-five dollars ($19,275). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to this
Agreement. 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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "B".
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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 attorney's
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
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with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A: X".
1 0.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless 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.
1 0.1.1 Commercial General Liabilitv Insurance. $1 ,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 Liabilitv. 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 Liabilitv. 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 perio of fiv years following the date of completion of the work.
D If box is checked, Professional Liability
Insurance requirement is waived.
1 0.2. 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
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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.
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 notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv
Name Kathy Dodson
Title Economic Development Mgr.
Department _C=E=-D ______ _
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 760-602-27 44
For Contractor
Name Josh Williams
Title Co-Founder and President
Address 2725 Jefferson Street, Suite 13
Carlsbad, CA 92008
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.
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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.
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
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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
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. JURISDICTIONS 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 or 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.
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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.
CONTRACTOR
BW Research Partnership, Inc., a
~c;sr~
(sign here)
---.JOS~\ Wi I\ \ucVY\5 /p~-c ~i.cL xt
(print narl7ettitle)
(sign here)
Vt~ ('D1U.cU. · i,J\ IIIAtY!S/xc ,,~ -+~ rj
(print name/titleY
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
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:
RONALD R. BALL, City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
The City agrees to engage, and Consultant agrees to perform the services described below:
Kick-Off and Survey Development
A. Consultant will meet with City representatives to go over research objectives and
discuss the survey content and process.
B. Through an iterative process, Consultant will provide City with a body of possible survey
questions to which City will provide feedback and response. City and Consultant will
continue to refine survey questions until a survey of approximately 15 minutes in length
is finalized. The survey will be administered in both telephone and Internet formats.
Consultant will design survey to be made available both online and with trained
telephone survey operators.
Sampling Plan and Target Letters
C. Consultant will develop the sampling plan for the survey utilizing multiple data sets
including but not limited to: most recent business license list provided by City, lnfoUSA,
San Diego Association of Governments (SANDAG) published data, and Economic
Modeling Specialists, Inc. (EMSI).
a. Consultant will limit the sample population to those businesses with 5 or more
employees located within the geographic boundaries of the City of Carlsbad.
b. The following targeted industry clusters are of high priority to the City: Life
Sciences, Action Sports Manufacturing, Hospitality/Entertainment, Clean Tech,
and Information & Communications Technology (ICT). Consultant will ensure the
full inclusion of businesses related to these clusters in the sampling plan.
D. Consultant will prepare copy, contact information and individualized survey markers for
an introductory letter to be sent to survey participants. City will print and send
introductory letters to those contacts in the sample population upon direction from
Consultant.
Data Collection
E. Consultant will ensure all necessary staff is trained to conduct telephone surveys prior to
the start of data collection. Consultant will provide project-specific training to all staff
conducting the telephone survey.
F. Consultant will pre-test both the telephone and Internet versions of the survey instrument
with a minimum of twenty (20) completed interviews. These interviews will ensure that all
words and questions are easily understood by respondents and that the Internet version
is user friendly and visually appealing.
G. Once all pre-testing and training is complete, Consultant will instruct City to send out
introductory letters, after which time Consultant will collect responses for a period not to
exceed ninety (90) days.
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a. Within two (2) weeks after introductory letters are sent, Consultant will identify
any industry, geographic or other gaps in responses and actively solicit survey
responses via telephone.
b. Consultant will ensure oversampling in the targeted industry clusters outlined
above.
c. Consultant will check data for accurateness and completeness and monitor the
demographics of respondents throughout the entire data collection period.
d. Consultant will ensure between 150 and 300 completed responses prior to the
close of the data collection stage of the project.
Data Analysis and Presentation
H. Consultant will provide City with the following data:
a. Raw data collected in a format that is usable by the City for continued use and
analysis; and
b. A tabulation of the outcome of all survey attempts made during the course of
data collection (unable to contact, refusals, disconnected numbers, language
barriers, etc.).
I. Consultant will analyze all quantitative and qualitative data collected and present
information to City in report format.
J. Consultant will provide City with five (5) copies of the draft report which will include:
c. An executive summary;
d. An Analysis of the results including both narrative discussion and graphic
representations of significant findings;
e. A description of the sampling and survey methodologies; and
f. A copy of the survey instrument.
K. Consultant will present draft findings to the City's project team.
L. City will review draft report and provide feedback to Consultant. Consultant will
incorporate necessary changes and submit twelve (12) copies and one (1) digital version
of the final report.
M. Consultant will present survey results at two (2) city meetings.
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EXHIBIT "8"
INCREMENTAL PAYMENT SCHEDULE
The Contractor will be paid a maximum of $19,275 dollars for all work necessary to carry out the
requirements of this agreement. The Contractor shall be paid within 30 days for work
accomplished, in response to invoice, and invoices are expected to be received monthly. The
final 10% percent will be paid, not to exceed the maximum amount provided in this agreement,
upon acceptance of the work and services to be provided in Exhibit B, and within 30 days after
receipt of invoice.
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