HomeMy WebLinkAboutBW Research Partnership Inc; 2015-05-28;AGREEMENT FOR BIANNUAL LIBRARY AND CULTURAL ARTS SURVEY SERVICES
BW RESEARCH PARTNERSHIP, INC.
THIS AGFiEEMENT is made^nd entered into as of the clay of
20 |K by and between the CITY OF CARLSBAD, a municipal
and BW Researcn Partnership, Inc., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a sun/ey and demographics research
company that is experienced in surveying, demographic, and public opinion analysis.
B. Contractor has the necessary experience in providing professional services and
advice related to surveying and public opinion analysis.
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 months from the date first above
written. The City Manager may amend the Agreement to extend it for one additional three month
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
City will pay Contractor for ali work associated with those Services described in Exhibit "A" on a
time and materials basis not-to-exceed thirty thousand dollars ($29,857) per Agreement period.
Contractor will provide City copies of invoices sufficiently detailed to include related activities
and costs for approval by City. No other compensation for the Services will be allowed. 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 "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
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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 eady termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and ail
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-:VH"; 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.
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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 Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occun'ence limit.
10.1.2 Automobile Liabilitv. (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.
10.1.3 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.
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 ofthe Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
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 UCENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy 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 temninated, all wori<
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 Citv For Contractor
Name Steven Didier Name Josh Williams
Title Senior Management Analyst Title President
Department Library & Cultural Arts Address 2725 Jefferson Street, Suite 13
City of Carisbad Carisbad, CA 92008
Address 1775 Dove Lane Phone No. (O) 760-730-9329
Carisbad, CA 92011 Email Jwilliams@bwresearch.com
Phone No. 760-602-2014
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Cleric in accordance with the
requirements of the City of Carisbad 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.
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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 perfonnance 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 fonwarded 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 ofthe 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 ofthe Agreement.
Either party upon tendering thirty (30) days written notice to the other party may tenninate this
Agreement. In this event and upon request of City, Contractor will assemble the wori< product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
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 othenwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
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22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part ofthe 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 ef 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.
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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 California corporation
(Josh Williams, President)
(sign here)
\kfmc^ W^ULOVIS, Sg-eAgfztTi
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Heather Pizzuto, LWary & Cultural Arts Director
(Division Director as authorized by the City
Manager)
ATTEST:
BARBARA EN
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. BREWSB. City Attorney
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
BW Research has developed a comprehensive approach to best meet the needs of the City of
Carisbad's Library & Cultural Arts Department (L&CA) on its biannual survey and community
assessment process. The proposal submitted for this project by BW Research is incorporated into
this scope of work as reference. Throughout each project task, BW Research will be in
communication with L&CA's project team, providing updates and woricing together to ensure that
each phase of the project effectively meets the research objectives for the study. BW Research
will work with L&CA to determine the optimal timeline for the project, with the goal to complete
data collection by the end of June 15, 2015 with the results and final report submitted by July 30,
2015.
The scope of services for this project includes:
Conference calls and meetings with L&CA staff, as needed, to discuss the research
objectives for the study, background materials, questionnaire design, project
implementation, and related topics;
Developing a statistically reliable sampling plan for the project utilizing a telephone
sun/ey methodology for residents and an intercept survey methodology for customers;
Drafting and refining a questionnaire up to 14 minutes in length for the telephone survey
that is appropriate for the entire spectrum of residents (high intensity library users, low
intensity library users, and potential users);
Designing, programming, and hosting an internet version of the intercept survey for the
patron universe and creating a visually appealing layout to minimize respondent fatigue;
BW Research will work with L&CA staff to refine the internet survey contents which may
include creating alternate versions ofthe survey to maximize the overall amount of
information collected, while minimizing the length of the survey for each individual
respondent;
Refining the survey content for paper intercept surveys that will be available upon request;
Programming and pre-testing the telephone and internet surveys for efficient and
accurate data collection;
Monitoring telephone data collection to ensure the sample of residents interviewed is
representative of the overall population of adult residents in the City (residents 18 years
and older);
Utilizing a listed and random digit methodology (includes both listed and unlisted
numbers) of both land lines and cell phones, conducting 400 total telephone interviews
with residents 18 years and older according to strict quality control standards;
Conducting intercept sun/eys at the Cole and Dove libraries and the Library Learning
Center as well as potentially an additional location for a Cultural Arts event. Each day of
patron intercepts will include two interviewers working together during a five hour shift,
except at the Library Learning Center which will be one inten/iewer working a five hour
shift (Library Learning Center interviewer will be bilingual). The internet survey will be
available in hard copy/intercept format upon request.
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• BW Research will wori< with L&CA staff to determine the optimal sampling plan for the
intercept surveys. For example, it may be best to vary the start and end times of each
shift by day to maximize representativeness without having to staff intercept inten/iewers
throughout the entire time the libraries are open (for example. Day 1: morning shift, Day
2, afternoon shift. Day 3 evening shift) or it may be determined that maintaining
consistent interviewing hours during the libraries' peak periods would be best for the
project.
• Keypunching or scanning the data from intercept surveys into an electronic format that
will allow for data analysis;
• Compiling and analyzing all the data collected from the study and preparing an initial
question-by-question summary of the results;
• Developing a comprehensive written report of findings, including a stand- alone
Executive Summary with key findings and conclusions;
• Producing a complete set of cross-tabulation tables;
• Preparing a presentation of findings accompanied by PowerPoint slides.
We gladly remain available to help interpret the analysis and recommendations after the project
is completed at no additional charge.
Below are costs for consultant services on the project, which include all the project deliverables.
Consultant Services
Survey Design $1,800
Develop Sampling Plan $750
Data Processing $1,875
Research & Analysis $4,400
Proiect Manaaement $100
Sub-Total Consultant Services $8,925
Below are the costs associated with conducting a 14-minute telephone survey of 400 adult
residents (18 years and older). Telephone interviews will be completed randomly with listed and
unlisted numbers of both mobile and landline phones.
Telephone Survey of Residents
Sample Size n=400
Length of Phone Survey 14 min
Sample Purchase (Cellular & Landline) $1,050
CATI Programming $1,025
Training, Pre-Testing, & Monitoring $950
Telephone Interviewinq $8,712
Sub-Total Telephone Survey $11,737
Below are the costs associated with conducting intercept surveys for patron input at
each library location using the intemet version ofthe survey with input gathered from L&CA's
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computer tablets. Paper sun/eys will be available upon request. A link to complete the intemet
version at home will also be offered to patrons who do not have time to participate in the
sun/ey when approached at the Library. At no additional charge, the intemet sun/ey may also
be placed on L&CA's website to gather feedback from patron's who utilize L&CA's sen/ices
online without physically visiting a location.
BW Research will key punch and scan up to 600 paper sun/eys (500 for the baseline Intercept
sun/ey option and 600 for the expanded option), each additional sun/ey will cost $2.25 each to
process and incorporate into the final data set.
Pricing below offers two options of just doing Intercept surveys at Dove, Cole and the
Library Learning Center or an option that includes all six days at the three L&CA
locations AND two days at Cultural Arts event location within the City of Carisbad.
Intercept Surveys with Current Customers BW Staff for
L&CA
Dove Library, 2 days, 2 inten/iewers
Cole Library, 2 days, 2 inten/iewers
Library Learning Center, 2 days, 1 Inten/iewer
Spanish Translation
Interviewer Training, Supervising, and Briefing
Data Entrv - Kevpunchina
$1,250
$1,250
$920
$450
$1,925
$1,475
Sub-Total Intercept Surveys $7,270
Optional: Additional Location for interview Davs
$1,250
$450
$225
Additional Location 2 days, 2 inten/iewers
Interviewer Training, Supervising, and Briefing
Data Entn/ - Kevpunchinq for Additional Location (up to 100)
$1,250
$450
$225
Sub-Total Intercept Surveys: Additional Location for 2 Interview days $1,925
Sub-Total Intercept Surveys: Ail Eight Days $9,195
The final costs;
1. BW Research will create one intercept survey that will be relevant to all L&CA customers,
but not two separate library and cultural arts intercept instruments.
2. BW Research will create one set of deliverables (report and presentation) for L&CA.
Cross-tabulations and analyses can be L&CA specific within the report and/or
presentation.
3. Invoices will be processed at the end of each phase (1. Telephone Survey; 2. Intercept
Survey; and 3. Consultant Services after acceptance of final report.)
Cost
Consulting Services $8,925
Telephone Survey (n=400,14 minute survey) $11,737
Intercept Surveys (BW Staff for CCL) $7,270
Option - Two additional days of Intercept surveys $1,925
Project Total Not to Exceed $29,857
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