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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. 0 (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 2 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 3 (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 0 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] 6 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 12 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. Attachment CITIZENS SURVEY SERVICES "BEST" VALUE EVALUATION FORM Choose weights within listed ranges. Recommend that sum of weights equal 100%. For scoring, enter numbers from 1 through 5, 5 being the best. Totals on each line equals score times weight. MINIVIUM CRITERIA WEIGHT. d `I' �'. `, l , i� �I�P, Score Total Score Total Score Total Cost 30% Responsiveness to RFP 10% r7 Qualifications and Experience 15% References/Previous Performance 10% Ability to Provide Service 25% -75 Timeline for Completing the Services 10% TOTAL SCORES I Approved: NoLtln u n I Attachment CITIZENS SURVEY SERVICES "BEST" VALUE EVALUATION FORM Choose weights within listed ranges. Recommend that sum of weights equal 100%. For scoring, enter numbers from 1 through 5, 5 being the best. Totals on each line equals score times weight. MINIVILIM CRITERIA WEIGHT Fkobe>IS" 3-Vj a--Ui 1r) Score Total Score Total Score Total Cost 30% C? (r Responsiveness to RFP 10% J '. �- Qualifications and Experience 15% 0 L] 7 "S References/Previous Performance 10% 05 Ability to Provide Service 25% 0,-717, Timeline for Completing the Services 10% � 675 -20 TOTAL SCORES Approved: Attachment CITIZENS SURVEY SERVICES "BEST" VALUE EVALUATION FORM Choose weights within listed ranges. Recommend that sum of weights equal 100%. For scoring, enter numbers from 1 through 5, 5 being the best. Totals on each line equals score times weight. MINIVIUM CRITERIA WEIGHT WR�t'jvl 0S0-0 Score Total Score Total Score Total Cost 30% Responsiveness to RFP 10% ' Qualifications and Experience 15% V5 References/Previous Performance 10% Ability to Provide Service 25% Timeline for Completing the Services 10% TOTAL SCORES Approved: V1 "5 t; VV V - 4k t� MV i�l 7' 'J, - 4-1 P 'IV\" j It