Contract - Probolsky Research - 2019-08-21AGREEMENT FOR CONSULTANT SERVICES
Probolsky Research, LLC
2019 Citizen Survey Services
This Agreement ("AGREEMENT") is made ,and effective as of August 21, 2019,
between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and
Probolsky Research, LLC, a California Corporation ("CONSULTANT"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1 TERM
This AGREEMENT shall commence on August 21, 2019, and shall remain and
continue in effect until tasks described herein are completed, unless sooner terminated
pursuant to the provisions of this AGREEMENT.
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. CONSULTANT shall
complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE
CONSULTANT shall perform all SERVICES under this AGREEMENT in a skillful
and competent manner, consistent with the standards generally recognized as being
employed by consultants in the same discipline in the State of California and consistent
with all applicable laws. CONSULTANT shall provide DISTRICT its work product in
"turnkey" form. DISTRICT reserves the right to perform reasonable testing of
CONSULTANT's work product before accepting the same. CONSULTANT shall warrant
that all services provided and equipment installed shall perform in a workmanlike
manner and be fit for its particular purpose.
4. COMPENSATION
(a) The DISTRICT, upon presentation of an invoice, agrees to pay the
CONSULTANT Thirty -Three Thousand Seven Hundred Dollars ($33,700) for the total
term of the AGREEMENT [in accordance with Exhibit A, attached hereto and
incorporated herein by reference OR upon completion of the task]. No other
expenditures made by CONSULTANT shall be reimbursed by DISTRICT.
(b) CONSULTANT shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT that are in addition to those set
forth herein, unless such additional services are requested in a written change order
and are approved in advance and in writing by DISTRICT. The written change order
requirement cannot be waived. The General Manager may approve change orders for
additional work not to exceed the cumulative value of ten percent (10%) of the total
contract sum. Any additional work in excess of this cumulative amount shall be
approved by the Board of Directors.
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(c) CONSULTANT will submit invoices upon task completion unless
otherwise agreed. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non -disputed fees. If DISTRICT disputes any of CONSULTANT's fees,
DISTRICT shall give written notice to CONSULTANT within thirty (30) days of receipt of
an invoice of any disputed fees contained in the invoice.
5. PREVAILING WAGES
CONSULTANT understands that this job, if over One Thousand Dollars
($1,000.00) in value and not exempt, requires compliance with the prevailing wage law.
(Labor Code §§ 1720 et seq.) As such, DISTRICT will ascertain the prevailing wages to
be paid on this job from the Director of Industrial Relations. Said amounts are listed at
http://www.dir.ca.gov/disr/pwd/index.htm. CONSULTANT agrees to pay prevailing
wages and maintain prevailing wage records regarding those payments.
CONSULTANT is also required to comply with the apprentice requirements.
CONSULTANT shall defend, indemnify, and hold the DISTRICT, its elected officials,
officers, employees, and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
CONSULTANT recognizes that state law makes eight (8) hours a day's work, and any
worker working in excess of that time must be paid overtime. (Labor Code § 1813.)
6. INSURANCE
CONSULTANT shall, at its expense, procure and maintain for the duration of this
AGREEMENT insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of this AGREEMENT by the
CONSULTANT, its agents, representatives, employees, or subcontractors.
CONSULTANT shall also require all of its subcontractors to procure and maintain the
same insurance for the duration of this AGREEMENT. If CONSULTANT is an employer
or otherwise hires one (1) or more employees during the term of this PROJECT,
CONSULTANT shall procure and maintain workers' compensation coverage for such
employees which meets all requirements of state law (Labor Code § 1861).
At a minimum, CONSULTANT is required to submit proof of insurance in
accordance with the following standards:
Minimum Scope of Insurance: Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 0001,
code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance: CONSULTANT shall maintain limits of no less
than:
(A) General Liability. One Million Dollars ($1,000,000.00) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
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Insurance or other form with general aggregate limit is used, either the general
aggregate limit shall apply separately to this AGREEMENT/location or the general
aggregate limit shall be twice the required occurrence limit.
(B)Automobile Liability. One Million Dollars ($1,000,000.00) per accident for
bodily injury and property damage.
(C)Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily
injury or disease.
Insurance Endorsements: The insurance policies shall contain the following
provisions, and a separate endorsement stating to add the following provisions to the
insurance policies shall be submitted and approved by DISTRICT:
(A) General Liability. The general liability policy shall be endorsed to state that:
(1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall
be covered as additional insureds with respect to the work or operations performed by
or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance
as respects DISTRICT, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
CONSULTANT's scheduled underlying coverage. Any insurance or self-insurance
maintained by DISTRICT, its directors, officials, officers, employees, agents, and
volunteers shall be excess of the CONSULTANT's insurance and shall not be called
upon to contribute with it in any way.
(B) Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against DISTRICT, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the CONSULTANT.
(C)AII Coverage. Each insurance policy required by this AGREEMENT shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to DISTRICT, and (B) any failure to comply with reporting or
other provisions of the policies, including breaches or warranties, shall not affect
coverage provided to DISTRICT, its directors, official, officers, employees, agents, and
volunteers.
Acceptability of Insurers: Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A-:Vl.11, licensed to do business in California, and
satisfactory to DISTRICT.
All insurance documents must be submitted and approved by the District's Risk
Manager prior to execution of any AGREEMENT with DISTRICT.
7. INDEMNIFICATION
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(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for CONSULTANT's services, to the fullest extent
permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless
DISTRICT and any and all of its officials, employees, and agents from and against any
and all losses, liabilities, damages, costs, and expenses, including attorney's fees and
costs to the extent the same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or
subconsultants (or any entity or individual that CONSULTANT shall bear the legal
liability thereof) in the performance of professional services under this AGREEMENT.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the fullest extent permitted by law,
CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all
of its employees, officials, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees) where the same arise out of, pertain to, relate to, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this AGREEMENT by CONSULTANT or by any individual or entity for which
CONSULTANT is legally liable, including, but not limited to, officers, agents, employees,
or subconsultants of CONSULTANT.
8. TERMINATION
DISTRICT may terminate this AGREEMENT at any time with or without cause. If
DISTRICT terminates this AGREEMENT without cause before PROJECT completion,
CONSULTANT shall be entitled to be paid for SERVICES adequately completed prior to
the notification of termination. CONSULTANT may terminate this AGREEMENT for
cause only.
9. MISCELLANEOUS
This AGREEMENT shall be interpreted according to the laws of the State of
California and any action arising from this AGREEMENT shall be brought in the superior
or federal district court with jurisdiction over DISTRICT.
This AGREEMENT and the attachments hereto shall contain the entire
agreement between the parties. This AGREEMENT cannot be modified except in a
writing signed by .both parties. In the event of inconsistency between this AGREEMENT
and any attachment hereto, this AGREEMENT shall control in all respects.
DISTRICT shall own all work product prepared in the course of providing the
SERVICES under this AGREEMENT. In the event of termination of this AGREEMENT,
CONSULTANT shall immediately turn all work product over to DISTRICT. If specialized
software or computer hardware is required to view or transmit said work product,
CONSULTANT shall make that software and hardware available to the DISTRICT at no
cost during normal business hours.
This AGREEMENT cannot be assigned without the prior written consent of the
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DISTRICT.
CONSULTANT is and shall at all times remain as to DISTRICT an independent
contractor. No employee benefits shall be available to CONSULTANT in connection
with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT
as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other
compensation to CONSULTANT for performing any services hereunder for DISTRICT.
DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for
injury or sickness arising out of performing any services hereunder.
All information gained by CONSULTANT in the performance of this
AGREEMENT shall be considered confidential and shall not be released by
CONSULTANT without DISTRICT's prior written authorization. CONSULTANT shall
not, without written authorization from the General Manager or unless requested by the
District Counsel, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this AGREEMENT. Response to a subpoena or court order shall not
be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court
order or subpoena.
CONSULTANT warrants that the individual who has signed this AGREEMENT
has the legal power, right, and authority to make this AGREEMENT and bind the
CONSULTANT hereto. If you agree with the terms of this AGREEMENT, indicate by
signing and dating two original agreements where indicated below and return both to
the undersigned. Once the documents are fully executed, one original will be returned
to you for your records.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed this day and year first above written.
[Signatures on next page]
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COSTA MESA SANITARY DISTRICT
General Manager
APPROVED TO •
District Counsel
PROBOLSKY RESEARCH, LLC
CONSULTANT
Signature
Adam Probolsky
Typed Name
President
Title
APPENDIX A
G. Detailed Work Plan
Survey Process
Sample Stratification
Probolsky Research's stratified random sampling methodology ensures survey results represent the
demographics of District ratepayers.
When determining an appropriate sample size, we consider utility and cost. While larger samples can
reduce the margin of error, surveying large numbers of ratepayers is not only costly, but unnecessary.
And there are diminishing returns in reducing the margin of error of the survey results as the sample size
increases (see Figure 4). A sample size of 500 is robust and will be more than adequate to fulfill the
District's goals for the survey and yields a margin of error of +/-4.4% at a 95% level of confidence. This
will also allow for statistically reliable comparisons among subgroups of residents (e.g. by demographic
and geographic variables).
Relationship of Margin of Error to Sample Size
20%
18%
16%
14% r
L
12%
W
O 10%
C
•LM 8%
Sample Size = 500
6% Margin ►f Error = +A 4.4%
4%
2%
0%
0 100 200 300 400 500 600 700 800 900 1000
Sample Size (Number of Respondents)
Figure 4. Plotted Margin of Error
The statistically valid sample will be developed from a combination of consumer and government
databases, to be decided in discussion with staff, and then enhanced with publicly available consumer
data that will ensure that we have the most up-to-date contact information for ratepayers.
Newport Beach San Francisco Washington DC
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Unicrue to Probolsky Research: We match the demographics of residents within the District. This
means we do not use mathematical calculations to weight results after we have completed the
survey -we capture real responses of the right number of each gender, age group, race, housing
type, geographic location, etc. This is critical to accuracy. Weighting of results in surveys of this
nature is unnecessary and could compromise the accuracy of the data.
Initial Kick-off Meeting
Probolsky Research will meet with District staff to develop the themes and essential questions the
survey needs to answer. We will review background information, agree on a timeline and make
recommendations for methodological approach.
Using the information gleaned from focus groups
(if pursued), meetings, conference calls,
background information provided by and
requested from the District, past research and
our own open -source preliminary research of
current performance measures and survey
results, Probolsky Research will select question
types (open ended, multiple choice, debate
block, etc.). Then, we will construct each
question with care, using simple language. We
will also pay particular attention to answer
choices, ensuring that we do not have too many
possibilities, nor too few (running the risk of
overlooking key data). We will order the
questions to limit biasing results.
1411111'' Open-ended questions are an excellent way to
capture the unknown and allow survey participants to express themselves beyond the typical multiple
and rank choice questions. We expect to include open-ended follow-up questions in the surveys,
especially to capture ratepayer concerns.
We recognize that the District encompasses single family and multi -family homes as well as rental units
and homeowners and we will match our sample accordingly and may need to develop different
questions for these groups. We look forward to discussing this with staff.
Upon beginning the contract, each key personnel team member mentioned earlier in this proposal will be
ready and available to perform the tasks required for the project. Given our cross -trained philosophy,
key personnel will have the time necessary to deliver on their responsibilities with this project. All key
personnel team members will be involved with this project. Our internal processes include continuous
progress reporting to the District and evaluation of project milestones. This system also allows for quick
response to any District request by any Probolsky Research staff and effective time management. At
least one Probolsky Research staff member is on -call and available to the District at all times, 24/7/365.
We believe in regular and open communication and a collaborative working relationship. We also know
that District staff is busy, so we work hard to limit the need for District staff time and make ourselves
available on your schedule.
Staff Review
Probolsky Research will provide draft survey questions. District staff will have the opportunity to review
and comment. We will remain available to attend any additional meetings in order to discuss the survey
7Rl&RE�AIK� Newport Beach San Francisco Washington DC 3
questionnaires and address any questions/concems. Following meetings or conference calls, in which
we discuss proposed modifications, Probolsky Research will incorporate agreed -upon changes. We
recognize that this may require several rounds of revisions. Once we produce final drafts, we will submit
it for final approval before the surveys are fielded.
Conducting the Survey
Once the questionnaire has been finalized, we professionally translate the questionnaire into Spanish
and Vietnamese, create phonetic pronunciations of names for interviewer training, and establish quotas
to match the ratepayer universe model and program the quotas to match demographics, along with the
surveys, into our software utilized by our professional live telephone interviewers (and for online if option
is chosen).
After programming, surveys are tested for logic and presentation. Once this initial testing has been
completed, we conduct a soft -launch, also known as a pre -test, of the surveys and collect 20 completed
interviews. Once the pre -test collection period is complete, our team meets to go over the results and
address any problem areas that come to light, adjusting the surveys as necessary. If any adjustments
are made, we exclude the pre -test responses from the total number of responses needed.
Once the pre -test is complete, (we then email invitations to ratepayers to complete their survey online
and wait 24 hours before we begin the live telephone interview phase if this option is chosen). Live
interviewing can take place from 9AM - 8PM on Monday - Thursday, and 10AM - 4PM on Saturday and
Sunday. Online users have the option to respond to their survey at their convenience, 24/7 (if this option
is chosen).
We implement a strict procedure when contacting potential respondents. In order to obtain the adequate
number of completes and eliminate bias, we will make five attempts to each prospective participant
before deeming them unresponsive and removing them from the contact list. Non -respondents will not
affect the accuracy of the surveys.
We conduct quality control checks on a regular basis throughout the survey process. We check for
correct skip patterns, randomization and rotation, and completeness of responses. We also actively
monitor to ensure that respondents will match the demographic and geographic make-up of ratepayers.
Data Processing
Once the surveys are complete, we will process and review the data for errors and inconsistencies and
code responses to open-ended questions.
Verbatim Responses to Open -Ended Questions
Once we code the responses to open-ended questions into categories, we analyze the tone and word
choices and overlay demographic data for each response. This demographic overlay will provide the
District with a deep understanding of the opinions of ratepayers by age, ethnicity, geography, gender,
housing type, etc. when reading their comments. Here is an example:
Female, Latina, 40-54, English, Westside
Question: What is the most important issue facing your community today?
Answer. Trash in the streets
Figure 5
ipR BOLSKY 14
CSEAj� Newport Beach San Francisco Washington DC
Data Analysis
We complete comprehensive statistical analyses of the research results, utilizing software programs,
including IBM SPSS, to conduct deep statistical testing, such as multiple regression analysis. This helps
us discover and present statistically significant results - beyond the broad opinions - and understand
the specific factors that contribute to attitudes and beliefs of District ratepayers. Such analyses are
crucial in developing guiding recommendations and strategies that will inform the District's future. We
can also analyze how performance measure data collected compares to previous survey data in
responses and audience type even though this may be limited for this first survey.
Once we have run all of the analyses on the results, cross tabulations are developed, graphics are
generated, and other elements of the report are prepared.
Reporting
Our reporting is comprehensive, but never complicated. Our reporting is presented in an easy to read
format with common language and immediately usable by decision makers.
The report for each survey will include:
1. PowerPoint presentation, communicating key findings - focused on usable and actionable data.
2. Report on results including survey background and results, methodological description,
questionnaire, survey toplines (displaying the aggregate percentages of responses to each
question), an executive summary with key findings, trend analysis, conclusions and
recommendations, cross -tabulations, and open-ended question responses with demographic
overlay.
3. Unlimited in -person meetings, presentations, and conference calls.
We will provide draft and final reports to the District and amend the draft reporting in consultation with
staff before delivering the final report via email.
We include unlimited post -research consulting and meeting time to allow us to participate in strategy
sessions and meetings and collaborate with the District on an ongoing basis.
F PROBOLSKV
Newport Beach San Francisco Washington DC RESEARCH15
i
Timeline
Probolsky Research can meet any schedule you require for each performance measure survey. We are
capable of starting our work for the District immediately. While we can certainly complete the work and
deliver reports in less than 30 days, we are ultimately flexible and will meet any timeline the District
requires.
Below is a general example of an individual survey timeline that can easily be modified.
Survey Timeline Example
Day 5-8
Day 29
Discussions
Draft Results Presented
Day i Discuss changes to draft Day 11-25
Present draft results and
Initial Meeting or survey
Fielding
meet to review results
Cont. Call
Survey Is conducted before finalization
TDay 26-28 Day 30•
T
Day 2-4
TDay 9-10
Discovery & Draft
Survey
Report Development Final Results s
Development
Finalizationfrranslation
Results analyzed and On -going
• Background information
Finalize/translate
report is developed Consultation
collected
questionnaire
Final results
• Survey questionnaire
presented and
developed and
availability for
delivered
unlimited ongoing
consultation 8
presentations
Research results are kept private and released only at the District's direction.
We take data integrity seriously. All client materials are hosted in a secure digital cloud
environment.
We use 256-bit Advanced Encryption Security to keep your data secure. This is the same level of
encryption used by the U.S. Government.
Newport Beach San Francisco Washington DC
MI.
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CITIZENS SURVEY SERVICES "BEST" VALUE EVALUATION FORM
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equals score times weight.
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