HomeMy WebLinkAboutC-3951(A) - PSA for Citizen Satisfaction Survey0 -
PROFESSIONAL SERVICES AGREEMENT WITH
ETC INSTITUTE
FOR CITIZEN SATISFACTION SURVEY
THIS AGREEMENT is made and entered into as of this 4th day of June, 2010, by
M and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and
ETC Institute, a Kansas Corporation whose address is 725 W. Frontier Circle, Olathe,
Kansas, 66061 ("Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to conduct a follow-up to its 2007 Citizen Satisfaction Survey to
gauge progress on its performance measurement and benchmarking effort.
C. City desires to engage Consultant to conduct the Citizen Satisfaction Survey of
services provided to residents and customers of the City of Newport Beach
("Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Christopher
Tatham.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of October 2010, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference.. The City may elect
to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to -exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Twenty One Thousand
Three Hundred and Eighty Dollars and no/100 ($21,380) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.1 Consultant shall submit invoices to City upon completion of each task, as
further described in Exhibit A, describing the work performed.
Consultant's bills shall include the name of the person who performed the
work, a brief description of the services performed and/or the specific task
in the Scope of Services to which it relates, the date the services were
performed, the number of hours spent on all work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
Professional Services Agreement Page 2
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Christopher Tatham to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. David Kiff, City
Manager, shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
Professional Services Agreement Page 3
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
Professional Services Agreement Page 4
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any work performed or services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
Professional Services Agreement Page 5
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least $1,000,000) for
Consultant's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Consultant
shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700
for all of the subconsultant's employees.
Any notice of cancellation or non -renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (10 calendar days written notice of non-payment of
premium) prior to such change.
Professional Services Agreement Page 6
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than $1,000,000
per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 limit per claim and in the
aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
Professional Services Agreement Page 7
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with 30 days notice
of cancellation (except for nonpayment for which 10 days notice is
required) or nonrenewal of coverage for each required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy; which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-
five percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant shall
not subcontract any portion of the work to be performed under this Agreement without the
prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents"), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Professional Services Agreement Page 8
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall 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 to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
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22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: DAVE KIFF
City Manager's Office
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3000
Fax: 949-644-3008
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Christopher Tatham
ETC Institute
725 W. Frontier Circle
Professional Services Agreement Page 10
Olathe, Kansas 66061
Phone: 913-829-1215
Fax: 913-829-1591
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non -defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
Professional Services Agreement Page 11
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By: c6p= - 11
David Hunt
City Attorney w�
ATTEST:
By:
444
Leilani Brown,
City Clerk
VeNv
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CITY OF NEWPORT BEACH,
A Municipal Corporation
By:_-1�,�1.
ba4id Kiff
City Manager
CONSULTANT: ETC Institute,
A Kansas Corporation
By:
Z�-
"Teorporate Officer)
Title: )'C' i`CJ d+
Print Name: CV 4 'tomk
By:
(Financial Officer)
Title: C - F, d
Print Name: So ry k)
Attachments: Exhibit A — Scope of Services & Schedule of Billing Rates
Professional Services Agreement Page 13
Exhibit A
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X: (913) *32'-1591
May 27, 2010
Tara Finnigan
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Subject: A Proposal to Conduct a Community Survey
Dear Ms. Finnigan:
Based on our conversation, I have developed the following scope and fees to conduct a community
survey for the City of Newport Beach.
Scope of Services:
Task 1: Designing the Survey Instrument/Developing the Sampling Plan (25% of total fee)
ETC Institute will work with city staff to design the survey instrument. The survey is expected to
be similar to the 2007 survey in both content and length, but some of the questions may change. It
is anticipated that 2-3 drafts of the survey will be prepared before the survey is approved by the
city.
Given the population and demographic composition of the city, ETC Institute will design the
sampling plan in a manner that we ensure the completion of at least 600 surveys from a random
sample of households in the City of Newport Beach. A random sample of 600 completed
surveys will provide results that have a precision of at least +/- 4% at the 95% level of confidence.
ETC Institute will also design a short survey that could be administered to up to 30 community
leaders or members of the development community if this option is desired by the City.
Deliverables Task 1. First draft of the survey (invoice 1) and a copy of the approved survey
instruments (invoice 2).
Task 2: Administer the Survey (55% of total fee)
ETC Institute will administer the survey through a combination of mail and phone. Specifically,
ETC Institute will do the following:
01
o Phone interviewers working in ETC Institute's call center will rehearse the phone
version of the survey. All interviewers will review the protocol for the
administration of the survey with a supervisor; special attention will be paid to the
treatment of non-English speaking respondents.
o A toll-free phone number to assist respondents with the survey will be operational
three -days before the surveys are mailed. This will allow people who receive the
mail version of the survey to contract ETC Institute with questions about the
survey.
o ETC Institute will test the survey with at least 20 residents before the survey is
administered. Any problems or issues that are identified will be reported to the City
and corrective action will be recommended and taken as appropriate.
o Surveys will be mailed to 3,000 randomly selected households in the City. Only
one survey per household will be sent. Postage -paid envelopes will be provided by
ETC Institute for each respondent. The City will provide a cover letter for the mail
survey.
o Four days after the surveys are mailed, ETC Institute's phone interviewers will
begin making follow-up phone calls to each of the persons in the sample frame.
Persons who indicate that have already returned the survey will be thanked.
Persons who have not completed the survey will be given the opportunity to
complete the survey by phone.
o Phone follow-ups will be conducted to ensure that a minimum of at least 600
surveys are completed.
o ETC Institute will record the home address of survey respondents. These addresses
will then be geocoded to the X,Y coordinates (note: not all records will be
geocoded because some respondents will refuse to provide addresses and some
residents will live in new subdivisions for which there are not valid references
files).
Deliverable Task 2. ETC Institute will provide a copy of the survey mailing packet (invoice 3) and
a copy of the overall results to each question on the survey (invoice 4).
Task 3: Analysis and Final Report (20% of total fee)
ETC Institute will submit a final report to the City of Newport Beach. At a minimum, this report
will include the following items:
• Executive summary of survey methodology and findings
Charts depicting the overall results of each survey
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• Benchmarking analysis that shows how the results of Auburn's citizen survey compares to
national norms
• Importance -Satisfaction Analysis
• Tabular data that shows the overall results for each question on each survey along with
crosstabulations for selected variables as appropriate
• A copy of the survey instruments
• Up to 20 maps that show geocoded survey results for selected questions on the survey
Deliverable Task 3: ETC Institute will submit the draft final report in an electronic format (invoice
5) and 10 hard copies of the final report (invoice 6). ETC Institute will also make an on-site
presentation to City officials and provide an electronic copy of the presentation highlighting the
results.
Project Schedule for the Citizen Survey
• June 2010
Design Survey Instrument
• July Aurust 2010
Administer Survey
• September 2010
Prepare and Deliver Final Report
• TBA
On-site presentation
Costs and Invoicing Schedule
The fee for the services described above would be $21,380, which is simply a 2.5% annual
increase from our 2007 fee of $19,855. Invoices would be submitted as follows:
• Invoice 1:
1" Draft of the Survey Submitted ($2,138)
• Invoice 2:
Final Survey Approved by the City ($3,207)
• Invoice 3:
Survey Printing and Mailing Complete ($5,345)
• Invoice 4:
Survey Administration Complete and Results submitted ($6,414)
• Invoice 5:
First Draft of the Final Report Delivered ($2,138)
• Invoice 6:
Final Report Delivered ($2,138)
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CLOSING: We appreciate your consideration of our proposal and look forward to your decision.
If you have any questions, please do not hesitate to call me at (913) 829-1215.
Sincerely,
Christopher Tatham
Senior Vice President
PROFESSIONAL SERVICES AGREEMENT WITH
ETC INSTITUTE
FOR CITIZEN SATISFACTION SURVEY
THIS AGREEMENT is made and entered into as of this *L day of October, 2007, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and
ETC INSTITUTE, a Kansas Corporation, whose address is 725 W. Frontier Circle,
Olathe, Kansas, 66061 ("Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to institute an organizational performance improvement effort
through the identification of service benchmarks and data gathering to measure
organizational effectiveness.
C. City desires to engage Consultant to conduct a Citizen Satisfaction Survey of
services provided to the residents and customers of the City of Newport Beach.
("Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project, shall be Chris
Tatham, Dr. Elaine Tatham, Dr. Robert Cicerone and Karen Falk.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 9th day of April, 2008, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Nineteen Thousand Eight Hundred Fifty -Five Dollars and no/100
($19,855) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
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relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Chris Tatham to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Homer
Bludau, City Manager, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
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8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims"), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
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11.
12.
13.
14.
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
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to transact business of insurance in the State of California, with an
assigned policyholders' Rating
Category Class VII (or larger) in
Best's Key Rating Guide, unless
Manager.
D. Coverage Reguirements.
of A (or higher) and Financial Size
accordance with the latest edition of
otherwise approved by the City's Risk
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non -renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
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E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self-insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non-payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50%) or more of the voting power, or twenty-five percent (25%) or more
of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall 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 to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
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accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves _the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Homer Bludau
City Manager's Office
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-644-3000
Fax: 949-644-3020
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
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26. TERMINATION
Attn: Chris Tatham
ETC Institute
725 W. Frontier Circle
Olathe, Kansas 66061
Phone: 913-829-1215
Fax: 913-829-1591
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non -defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equ
discriminate against any subcontractor,
because of race, religion, color, national
al opportunity employer and it shall not
employee or applicant for employment
origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
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APPROVED AS TO FORM:
�_ C v+-�
City Attorney
for the City of Newport Beach
ATTEST:
By U /�7
LaVonne Harkless,
City Clerk
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CITY OF NEWPORT BEACH,
A Municipal Corporation
By:�'
ity Manager
for the City of Newport Beach
CONSULTANT:
By: ��
(Corporate Officer)
Title: Vice Prestbvc
Print Name:
(Financial Officer)
Title:
Print Name:�a r ne L, I aha
Attachments: Exhibit A — Scope of Services & Schedule of Billing Rates
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Contract for Services
P
Exhibit A
Between ETC Institute and the City of Newport Beach, California
ARTICLE I
SCOPE OF SERVICES
A. Overview of Services to Be Performed: ETC Institute will design and administer a
citizen survey for the City of Newport Beach, California, during the Fall of 2007.
B. ETC Institute's responsibilities. The services that will be provided by ETC Institute
under the terms of this agreement are described in detail in Appendix A (Scope of
Services). A general description of the services that will be provided is described below:
1. Designing and administering a citizen survey. The survey will be approximately 15
minutes in length and will be administered to a random sample of at least 600
residents.
2. Geocoding and preparing GIS maps that show the results of the survey on maps of the
City.
3. Developing performance measures based on the results of the survey to objectively
assess the City's performance over time
4. Conducting benchmarking analysis that shows how the results for Newport Beach
compare to other communities
5. Conducting importance -satisfaction analysis that will help identify which city services
should receive the highest priority for improvement
6. Conducting open-ended surveys with representatives of up to 30 key customer groups.
7. Making an on-site visit at the end of the project to present the results of the survey to
City leaders
C. City of Newport Beach Responsibilties: The responsibilities for the City of Newport
Beach will include the following:
1. approving the survey instrument
2. providing a cover letter to accompany the survey
3. identifying requests for subanalysis of the data as appropriate
0
ARTICLE I1
PAYMENT FOR SERVICES
A. Maximum fixed fee. The total fee for this contract will not exceed $19,855.
B. Invoices for the administration of the survey (total fee of $12,850) will be submitted as
follows:
• Invoice #I for $3,000 following the approval of the survey instrument
• Invoice 92 for $6,000 following the submittal of tables that show the overall results
for at least 600 completed surveys
• Invoice #3 for $2,850 following the submittal of the draft final report
• Invoice #4 for $1,000 following the delivery of the final report and the completion of
an on-site presentation of the results to the City.
C. Invoices for other tasks will be submitted as follows:
• $2,450 following the delivery of GIS maps (this will be a section of the final report)
• $1,750 following the delivery of an Excel spreadsheet that shows the methodology for
calculating Performance Indices
• $2,805 following the submission of a summary of the findings from the interviews
with representatives of key customer groups
ARTICLE III
MISCELLANEOUS PROVISIONS
A. Change in Scope. The Scope of Services for this contract shall be subject to modification or
supplement upon the written agreement of the contracting parties. Any such modification in the
Scope of Services shall be incorporated in this Agreement by supplemental agreement executed
by the parties.
B. Riahts to Use the Data. ETC Institute has the right to use the data as a component of
DirectionFinder® benchmarks, but ETC Institute will not release specific results for City of
Newport Beach without approval from the City.
• App*ix A: Scope of Services
ETC ETC INSTITUTE
MARSIDTTRiO mm�a.aOg, D�RO(#RAPHY. ®1'ATffiTiDAL APPIdOATION9
795 W. PROP T OII20 01 AT KANSAS "081
19137 829-1815 FAS. 19131 629-1591
Sept 22, 2007
Phil Batchelor
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658
Subject: Best and Final Offer to Conduct a Citizen Survey from ETC Institute
Dear Mr. Batchelor:
In response to your request, I have briefly summarized the services that ETC
Institute will provide and our fees below:
1) Design and Administer a Citizen Survey: ETC Institute will work with
the City of Newport Beach to design a survey that is up to 15 minutes in
length. ETC Institute will administer the survey by a combination of mail
and phone to a fixed sample of 1800 randomly selected households. Our
firm will guarantee at least 600 completed surveys (or a 33% response
rate). Specific elements of our survey administration process are listed
below:
• ETC Institute will select a random sample of 1800 households to be
included in the survey
• Before the surveys are mailed, ETC Institute will place a 20 -second
automated call to each of the 1800 households that are selected to
receive the survey
• ETC Institute will then mail a cover letter, survey, and a postage paid
return -reply envelope to each of these 1800 households
• Seven days after the surveys are mailed, interviewers in ETC
Institute's call center will contact each of the households that received
a survey. Household that indicate they have already completed the
survey will be thanked. Those that have not completed the survey will
be asked to participate by phone. The Administration of the survey
will be conducted in-house.
Scope of Services A-1
• App*ix A: Scope of Services
ETC Institute will conduct phone surveys until a minimum of 600 of the
1800 households have completed the survey. If the response rate is
higher than 33%, all additional surveys that are completed will be
processed at no additional charge.
The mail/phone method will yield a higher response rate than either the
phone only or mail only methods. The demographic composition of the
completed survey sample will also more accurately reflect the
demographic composition of the community.
Total fee (15 -minute survey; 600 completes): $12,850
2) Geocoding and GIS Mapping. ETC Institute will geocode the home
address of respondents to the survey and prepare up to 40 maps that
show the results of the survey on maps of the City. At a minimum, ETC
Institute will show the results of the survey by Census Block Group and by
Council District. This will allow each City Council member to see the
results for his/her district. It will also allow City staff to see the results for
other subregions of the City that may have distinct socio-economic
differences.
Total fee (GIS Mapping): $2,450
3) Develop Performance Measures. ETC Institute will develop composite
performance measurements for major city departments and the City as a
whole. The composite performance indices will be similar to the U.S.
Consumer Price Index. The results for the 2007 survey will serve as a
Base Year (2007=100). Changes in the survey over time will be reported
compared to the base year. These performance indices will allow City
leaders to see the "big picture" regarding how well that City performance
is changing over time. A sample index from the City of Olathe is provided
below.
Overall Satisfaction Index
2000 thru 2006
deM MM Me Mean by 1sa0akodon re pov byre lz(Year 2000-100(
----------------------------
114
__________________________
K
775
111 111
-.. -107'-_ __100 100 104y4 _ �_
2000 2001 200[ 2003 1001 3005 ZM5
RaeMe o5c MMS
3wrcet1Cl�.rimm DvmNurFinhrf]Oad-ObW, ssl
Total fee (Performance Measure): $1,750
Scope of Services A-2
E
App*ix A: Scope of Services
4) Benchmarking/Normative Comparisons. ETC Institute will provide the
City of Newport Beach with three types of benchmarking data:
National comparisons: The results from Newport Beach will be
compared to results of ETC Institute's national Direction Finder@
Survey that was administered to a random sample of more than
2,000 U.S. residents during July 2007. ETC Institute will show how
the results from the City of Newport compare to a true national
average for medium-sized U.S. cities (population of 50,000-
150,000).
• California comparisons: The results from Newport Beach will be
compared to results of ETC Institute's regional DirectionFinder®
that was administered to a random sample of 500 California
residents during July 2007. ETC Institute will show how the results
from the City of Newport compare to a true average for the state of
California.
Head -to -Head Comparisons that Are Tailored to Your Needs:
Since all cities have some differences, there is never a "perfect"
way to compare communities. In order to provide the best
comparison possible, ETC Institute will work with the City of
Newport Beach to identify 20 communities from our
DirectionFinder® database that would provide a good basis for
comparisons plus up to 5 other cities that are not in our database.
Communities included in the "head-to-head" benchmarking group
will be selected based on the location, population, average
household income, and other variables as appropriate. Some of
the medium-sized communities in ETC Institute's DirectionFinder®
database where (1) the average income is in the top 25% of all U.S.
cities, (2) at least 50% of the adult population has a college degree,
(3) the community is tourist -oriented, and/or (4) the community is
located in a California/another coastal area are listed below:
•
Auburn, Alabama
• Battle Creek, Michigan
• Bend, Oregon
• Bloomington, Indiana
• Branson, Missouri
• Bridgeport, Connecticut
• Brunswick, Maine
• Casa Grande, Arizona
• Casper, Wyoming
• Cedar Rapids, Iowa
• Champaign, Illinois
• Chandler, Arizona
• Charlottesville, Virginia
• Claremont, New Hamp.
• Clearwater, Florida
• Coconut Creek, Florida
• Columbia, Missouri
• Deerfield, Illinois
• Des Plaines, Illinois
• Downers Grove, Illinois
• East Providence, RI
• Edina, Minnesota
• Elk Grove Village, Illinois
• Flagstaff, Arizona
• Fredericksburg, Virginia
• Galveston, Texas
• Greenville, South Carolina
• Guilford County, NC
• High Point, North Carolina
• Indio, California
Scope of Services A-3
• App*ix A: Scope of Services
• Jackson, Wyoming
•
Providence, Rhode Island
• Johnson County, Kansas
•
Provo, Utah
• Key Biscayne, Florida
•
Rapid City, South Dakota
• Lawrence, Kansas
•
Ramsey, Minnesota
• Leawood, Kansas
•
Rockville, Maryland
• Martha's Vineyard, Mass.
•
Rutland, Vermont
• Mount Dora, Florida
•
San Bernardino, California
• Mount Pleasant, Michigan
•
San Diego, California
• Naperville, Illinois
•
Shoreline, Washington
• Natick, Massachusetts
•
Sioux Falls, South Dakota
• New Haven, Connecticut
•
South Burlington, Vermont
• Newport, Rhode Island
•
Springfield, Missouri
• Norman, Oklahoma
•
St Charles, Missouri
• O'Fallon, Missouri
•
Tamarac, Florida
• Olathe, Kansas
•
Tempe, Arizona
• Olivette, Missouri
•
The Colony, Texas
• Ormond Beach, Florida
•
Tulsa, Oklahoma
• Overland Park, Kansas
•
Urbana, Illinois
• Palm Desert, California
•
Victor, New York
• Peoria, Arizona
•
Virginia Beach, Virginia
• Portland, Oregon
•
West Des Moines, Iowa
• Prairie Village, Kansas
•
Westchester County, New York
• Princeton, New Jersey
a
Wilmington, North Carolina
In addition to the cities listed above, ETC Institute will let the City of
Newport Beach pick up to five other communities to be included in the
comparisons. ETC Institute will contact the five additional cities and
obtain the results of their most recent community survey (which are almost
always a public record) and incorporate the findings into our
benchmarking report.
Total fee (Benchmarking): No Charge — included with basic services
5) Importance -Satisfaction Priorities Analysis. Although it is important to
understand how satisfied residents are with city services, it is equally
important to understand the importance that residents place on
improvements in city services. Just because satisfaction ratings are low,
does not mean that the priority for improvement should be high. ETC
Institute's Importance -Satisfaction Rating and Matrix analysis will help city
leaders prioritize investment by assessing both the level of satisfaction
and relative importance residents place on specific services. In other
words, if the City of Newport Beach had just one dollar to invest,
where will that dollar have the most positive impact on customer
satisfaction with city services. Examples of this analysis are provided
on pages 14-15 of the Scope of Work in Section 3 of our proposal.
Total fee (1-S Analysis): No Charge — included with basic services
Scope of Services A-4
0
App*ix A: Scope of Services
6) Surveys of key customer groups and/or special interest groups.
ETC Institute will conduct open-ended, one-on-one interviews with 30
representatives of key customer groups and or special interest groups in
the city. The interviews will be conduct by phone and ETC Institute will
prepare a report that summarizes the findings.
Tota! fee (30 Key Customer Group Surveys): $2805
COSTSUMMARY
A summary of ETC Institute's fees are listed below.
$12,850 Administer Survey (15 -minutes in
$ 2,450 GIS Maps
$ 1,750 Performance Measurements
$ included Benchmarking
$ included I -S Priorities Analysis
$ 2,805 Key Customer Surveys
$19,855 TOTAL FOR ALL SERVICES
SCHEDULE
length to 600 households)
ETC Institute can complete the survey and present the final report within 30 days
from the time the survey is approved by the City.
CLOSING
We certainly appreciate your consideration of our proposal. If you have any
questions, please let me know.
Sincerely,
Chris Tatham, Vice President
ctatham(&etci nstitue.com
913-829-1215
Scope of Services A-5
•
ICA)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
5;#100 ` s'v0-7
U : o 9 .,Ji
Agenda Item No.
October 9, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Homer Bludau, City Manager
949/644-3000 or hbludau@city.newport-beach.ca.us
Administrative Services Department
Dennis C. Danner, Administrative Services Director (949) 644-3123
ddanner@city.newport-beach.ca.us
SUBJECT: Citizen Survey Award of Contract
ISSUE:
Should the City retain the services of ETC Institute to conduct a Citizen Satisfaction
Survey?
RECOMMENDATION:
Retain the services of ETC Institute to conduct a Citizen Satisfaction Survey of services
provided to the residents and customers of the City of Newport Beach.
DISCUSSION:
On Saturday, March 24, 2007, the City Council held a Special Meeting in the Friends
Room of the Central Library to consider establishing its priorities for the upcoming fiscal
year (July 2, 2007 — June 30, 2008). Public input was obtained throughout the meeting.
At a regular City Council Meeting held on April 24, 2007, the City Council formally
adopted the priorities established at the Special Meeting of March 24th. One of the
priorities was defined as follows:
Institute an Organizational Performance Improvement Effort through
the identscation of service benchmarks and data gathering to
measure organizational effectiveness.
This priority was referred to the City Council Finance Committee to further define the
initiative and to develop a scope of work and timeframe to achieve the objectives of the
initiative. To date the City Council Finance Committee has held numerous meetings to
discuss the initiative and determine how to proceed with the scope of work.
• An Survey Award of Contract
October 9, 2007
Page 2
On July 10, 2007, the City Council retained the services of Mr. Phil Batchelor to assist
the City in implementing this initiative. It was determined that there were three key areas
of the initiative as follows:
1. Understand the level of satisfaction that the citizens of Newport Beach have with
the City services that are being provided to them.
2. Establish goals for each of the program areas that the City provides by setting
performance measurements that will provide competent, responsive and
courteous services to the public in the most cost effective and efficient manner
possible.
3. Perform an assessment of the existing service delivery systems to determine
what actions should be taken to improve the overall productivity of the
organization, systems, procedures, staffing, facilities and operations of the City of
Newport Beach.
To address the level of satisfaction of City services a Request For Quotation (RFQ) for
a Citizen Survey was issued on July 27, 2007 with a response date of August 31, 2007.
Seven responses to the RFQ were received. Staff met with Mr. Batchelor on September
7, 2007 to review the responses and to pick the top three proposers for a further
interview by the City Finance Committee. Those interviews were conducted on
September 21, 2007 and the Committee met a second time on September 27, 2007 to
make its final selection of the firm to conduct the Survey. The ETC Institute was
selected by the Finance Committee for recommendation to the City Council to award a
contract to conduct the Survey.
FUNDING AVAILABILITY:
The cost of the Survey is $19,855. Funds for this Survey are included in the current City
Budget.
Submitted by:
Homer L. BI au, City Manager
Attachment: Consultant Proposal
Dennis C. Danner, Administrative Services .
Director
�LAA�IIf*aa navAuL �!tfR.+TAimpwa r.
(*:Lm 889?7.f16 SAL.l IS) 6E9-"91
Sept 22, 2007 .
Phil Batchelor
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658
Subject: Best and Final Offer to Conduct a Citizen Survey from ETC Institute
Dear Mr. Batchelor:
In response to your request, I have briefly summarized the services that ETC
Institute will provide and our fees below:
1) Design and Administer a Citizen Survey: ETC Institute will work with
the City of Newport Beach to. design a survey that is up to 15 minutes in
length. ETC Institute will administer the survey by a combination of mail
and phone to a fixed sample of 1800 randomly selected households. Our
firm will guarantee at least 600 completed surveys (or a 33% response
rate). Specific elements of our survey administration process are listed
below:
• ETC Institute will select a random sample of 1800 households to be
included in the survey
• Before the surveys are mailed, ETC Institute will place a 20 -second
automated call to each of the 1800 households that are selected to
receive the survey
• ETC Institute will then mail a cover letter, survey, and a postage paid
return -reply envelope to each of these 1800 households
• Seven days after the surveys are mailed, interviewers in ETC
Institute's call center will contact each of the households that received
a survey. Household that indicate they have already completed the
survey will be thanked. Those that have not completed the survey will
be asked to participate by phone. The Administration of the survey
Will be conducted in-house.
• ETC Institute will conduct phone surveys until a minimum of 600 of the
1800 households have completed the survey. If the response rate is
higher than 33%, all additional surveys that are completed will be
processed at no additional charge.
The mail/phone method will yield a higher response rate than either the
phone only or mail only methods. The demographic composition of the
completed survey sample will also more accurately reflect the
demographic composition of the community.
Total fee (15 -minute survey, 600 completes): $12,850
2) Geocoding and GIS Mapping. ETC Institute will geocode the home
address of respondents to the survey and prepare up to 40 maps that
show the results of the survey on maps of the City. At a minimum, ETC
Institute will show the results of the survey by Census Block Group and by
Council District. This will allow each City Council member to see the
results for his/her district. It will also allow City staff to see the results for
other subregions of the City that may have distinct socio-economic
differences.
Total fee (GIS Mapping): $2,450
3) Develop Performance Measures. ETC Institute will develop composite
performance measurements for major city departments and the City as a
whole. The composite performance indices will be similar to the U.S.
Consumer Price Index. The results for the 2007 survey will serve as a
Base Year (2007=100). Changes in the survey over time will be reported
compared to the base year. These performance indices will allow City
leaders to see the °big picture" regarding how well that City performance
is changing over time. A sample index from the City of Olathe is provided
below.
Overall Satisfaction Index
2000 thni 2006
OnMMiwnmamnoreir i4eM.Mv pw bylaNMs(Yw0000-M
sw oox
O�obaw YKC 1.1100
Sov: HCIWer M.naFtd.rlA%-O(Aa Lp
Total fee (Performance Measure): $1,750
.0
0 0
4) Benchmarking/Normative Comparisons. ETC Institute will provide the
City of Newport Beach with three types of benchmarking data:
National comparisons: The results from Newport Beach will be
compared to results of ETC Institute's. national Direction Finder@
Survey that was administered to a random sample of more than
2,000 U.S. residents during July 2007. ETC Institute will show how
the results from the City of Newport compare to a true national
average for medium-sized U.S. cities (population of 50,000-
150,000).
California comparisons: The results from Newport Beach will be
compared to results of ETC Institute's regional DirectionFinder@
that was administered to a random sample of 500 California
residents during July 2007. ETC Institute will show how the results
from the City of Newport compare to a true average for the state of
California.
Head -to -Head Comparisons that Are Tailored to Your Needs:
Since all cities have some differences, there is never a "perfect"
way to compare communities. In order to provide the best
comparison possible, ETC Institute will work with the City of
Newport Beach to identify 20' communities from our
DirectionFinder@ database that would provide a good basis for
comparisons plus up to 5 other cities that are not in our database.
Communities included in the "head -.to -head" benchmarking group
will be selected based on the location, population, average
household income, and other variables as appropriate. Some of
the medium-sized communities in ETC Institute's DirectionFinder®
database where (1) the average income is in the top 25% of all U.S.
cities, (2) at least 50% of the adult population has a college degree,
(3) the community is tourist -oriented, and/or (4) the community is
located in a California/another coastal area are listed below:
•
Auburn, Alabama
• Battle Creek, Michigan
• Bend, Oregon
• Bloomington, Indiana
• Branson, Missouri
• Bridgeport, Connecticut
• Brunswick, Maine
• Casa Grande, Arizona
• aper. Wyoming
• Cedar Rapids, Iowa
• Champaign, Illinois
• Chandler, Arizona
• Charlottesville, Virginia
• Claremont, New Hamp.
• Clearwater, Florida
• Coconut Creek, Florida
• Columbia, Missouri
• Deerfield, Illinois
• Des Plaines, Illinois
• Downers Grove, Illinois
• East Providence, RI
• Edina, Minnesota
• Elk Grove Village, Illinois
• Flagstaff, Arizona
• Fredericksburg, Virginia
• Galveston, Texas
• Greenville, South Carolina
• Guilford County, NC
• High Point, North Carolina
• Indio, California
• Jackson, Wyoming
•
Providence, Rhode Island
• Johnson County, Kansas
•
Provo, Utah
• Key Biscayne, Florida
•
Rapid City, South Dakota
• Lawrence, Kansas
•
Ramsey, Minnesota
• Leawood, Kansas
•
Rockville, Maryland
• Martha's Vineyard, Mass.
•
Rutland, Vermont
• Mount Dora, Florida
San Bernardino, Califomia
• Mount Pleasant, Michigan
San Diego, California
• Naperville, Illinois
Shoreline, Washington
• Natick, Massachusetts
Sioux Falls, South Dakota
• New Haven, Connecticut
South Burlington, Vermont
• Newport, Rhode Island
Springfield, Missouri
• Norman, Oklahoma
St Charles, Missouri
• OTallon, Missouri
•
Tamarac, Florida
• Olathe, Kansas
Tempe, Arizona
• Olivette, Missouri
•
The Colony, Texas
• Ormond Beach, Florida
Tulsa, Oklahoma
• Overland Park, Kansas
Urbana, Illinois
• Palm Desert, California
Victor, New York
• Peoria, Arizona
Virginia Beach, Virginia
• Portland, Oregon
•
West Des Moines, Iowa
• Prairie Village, Kansas
Westchester County, New York
• Princeton, New Jersey
Wilmington, North Carolina
In addition to the cities listed above, ETC Institute will let the City of
Newport Beach pick up to five other communities to be included in the
comparisons. ETC Institute will contact the five additional cities and
obtain the results of their most recent community survey (which are almost
always a public record) and incorporate the findings into our
benchmarking report.
Total fee (Benchmarking): No Charge — included with basic services
5) Importance -Satisfaction Priorities Analysis. Although it is important to
understand how satisfied residents are with city services, it is equally
important to understand the importance that residents place on
improvements in city services. Just because satisfaction ratings are low,
does not mean that the priority for improvement should be high. ETC
Institute's Importance -Satisfaction Rating and Matrix analysis will help city
leaders prioritize investment by assessing both the level of satisfaction
and relative importance residents place on specific services. In other
words, if the City of Newport Beach had just one dollar to Invest,
where will that dollar have the most positive impact on customer
satisfaction with city services. Examples of this analysis are provided
on pages 14-15 of the Scope of Work in Section 3 of our proposal.
Total fee (1-S Analysis): No Charge — Included with basic services
0
9
6) Surveys of key customer groups and/or special interest groups.
ETC Institute will conduct open-ended, one-on-one interviews with 30
representatives of key customer groups and or special interest groups in
the city. The interviews will be conduct by phone and ETC Institute will
prepare a report that summarizes the findings.
Total fee (30 Key Customer Group Surveys): $2,805
COSTSUMMARY
A summary of ETC Institute's fees are listed below.
$12,850 Administer Survey (15 -minutes in length to 600 households)
$ 2,450 GIS Maps
$ 1,750 Performance Measurements
$ included Benchmarking
$ included I -S Priorities Analysis
$ 2.805 Key Customer Surveys
$19,855 TOTAL FOR ALL SERVICES
SCHEDULE
ETC Institute can complete the survey and present the final report within 30 days
from the time the survey is approved by the City.
CLOSING
We certainly appreciate your consideration of our proposal. If you have any
questions, please let me know.
Sincerely,
Chris Tatham, Vice President
ctathamOetcinstitue.com
913-829-1215