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05-032.00 Clearwater Research: Cable Service Surveysp`corik7ane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum. Date: May 23, 2005 To: Dave Mercier, City Manager From: Morgan Koudelka, Administrative Analyst 'r' ),O-� r p/I d)-ly Re: Contract with Clearwater Research to Perform Cable Survey Two vital parts of the formal cable franchise renewal process are assessing the past performance of the current cable operator and determining the future cable and technology needs of the community. In our case, the City would then determine, based on the assessment of past performance and the evaluation of the technical capacity, if Comeast is capable of meeting the needs of the community. Past performance of the cable operator and future cable needs of the community are typically provided through a survey of residents of the conununity. Spokane Valley is utilizing this method as well. Two proposals by the City were received for conducting 400 random telephone surveys of Spokane Valley residents. Moss and Barnett, cable franchise consultants, issued a separate proposal for this type of survey and determined that the best proposal was from Issues and Answers Network, inc. out of Virginia. The price was $10,000 plus $3,800 for report and analysis by Dr. Constance Book. i also called three firms in the Northwest to determine their backgrounds in conducting cable surveys. Robinson research and Strategic Research in the Spokane area were inexperienced in this type of survey. `these two firms had also been much more expensive than the firm chosen to conduct the community preference survey for Spokane Valley. The firm chosen to conduct that survey was Clearwater Research. I called Clearwater and they do have experience with this type of survey and we were satisfied with the previous work Clearwater performed for the City. Clearwater provided a proposal price of $8,500 to conduct the survey and provide the tabulated data to the City. Clearwater has already assisted the City with refining the survey instrument to meet the scope of work and to be more citizen - friendly. Cary Driskell drew up a contract based on the model professional services agreement approved for use by Council. The City and Clearwater have negotiated the terms of the agreement over the course of the past week, with Cary, Ken Thompson, Dan Cenis, Nina Regor, and 1 involved in these discussions. The only major discussion centered on section #21 of the agreement. Clearwater was hesitant to agree to the requirement to register as a business. The firm has apparently had past issues in Washington State where they had to go to great lengths to prove ed,5__ 36;� Clearwater Proposal -1 May 23, 2005 some exemption from tax liability and were concerned that this may lead them down the same path. After some discussion among staff it was determined that this requirement was a major component of the model agreement as approved by Council resolution and must be complied with. Clearwater eventually agreed to the terms of section #21 with some language modification that essentially states their position as far as location of the business, place of employment, and the location of the business conducted. This was agreeable to the reviewing parties with the City, previously listed above. Two copies have been presented to you for your review. If you agree to the terms of the agreement as written, please sign both copies and return to me. f will return one copy to Clearwater and provide one copy to Chris Bainbridge after making a copy for myself. -2- I Clearwater Research, Inc. Marketing, Product, and Public Opinion Research Since 197 -7 1845 South Federal Way, Boise, Idaho 83705 (800) 727 -5016 / (208) 376 -33761 FAX: (208) 376 -2008 http: / /www.cleanvater- reseat-cli.com Inter - office Memorandum To: Morgan Koudelka Administrative Analyst City of Spokane Valley From: Charles A. Dickinson 64, Study Director Clearwater Research, Inc. Re: Service Agreement Date: May 19, 2005 Find enclosed two original copies of the service agreement. Please have them both countersigned and return one of the originals to me and the other original is for the City. Contact me if you have any questions or issues. AGREEMENT FOR PROFESSIONAL SERVICES Clearwater Research, inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Clearwater Research, Inc., hereinafter "Consultant," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed. The Consultant will provide all labor, services and material to satisfactorily complete the project. The project will involve the following tasks and deliverables: • Finalize and program the questionnaire for Consultant's CATI system • Review and test the questionnaire and programming • Conduct 400 interviews • Prepare data The 400 interviews will be performed on City of Spokane Valley residents only. The interviews will be conducted on different days of the week and different times of the day in order to capture a variety of demographic profiles. Sufficient oversight will exist to ensure that interviews are based on actual conversation with residents. The sample size will achieve 95% confidence intervals of +/- 4.9%. The completed data will be delivered to the City in Microsoft Excel format. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications. The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. Agreement for Professional Services Pagc l of 5 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until June 10, 2005 or when all contract requirements have been successfully completed. Either party may terminate this Agreement by ten (10) days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Consultant Eight Thousand Five Hundred Dollars (58,500.00) compensation for everything done under this agreement. 4. Payment. Payments by the City will be made for work performed. Applications for payment shall be sent to the City Clerk at the below stated address. Payment by the City is due within 30 days of receipt of the invoice. An invoice for 50% of the total cost (54,250) will be sent to the City at the end of May, 2005. An invoice for the remaining 50% will be sent to the City upon completion of the project and delivery of the data set, expected to be June 10, 2005, The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. Any interest that may result from wrongful non- payment by the City (as determined by a Court or other issue resolution body employed by the parties) shall accrue at 12% per annum. This term replaces the item identified in Exhibit A, page 4, as "Terms ". Notice. Notice shall be given in writing as follows: TO THE ITY: Name: Christine Bainbridge, City Clerk Phone Number: (509)921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Clearwater Research, Inc. Attn: Charles A. Dickinson Phone: (208) 376 -3376 (ext. 425) Address: 1845 South Federal Way Boise, Idaho 83705 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parries. It is understood, agreed and declared that the Consultant shall be an independent contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 8. Ownership of Documents. All drawing, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property of the City. 9. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records with respect to all Agreement for Professional Services Page 2 of 5 matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance. During the term of the contract, the Consultant shall maintain in force at its own expense, the following insurance: A. Workers' Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap Insurance in the amount of S l 10001000.00; B. General Liability Insurance on an occurrence basis with a combined single limit of not less than S 1,000,000.00 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this contract. it shall provide that the City, its officers, employees and agents are additional insureds but only with respect to the Consultant's services to be provided under the contract; C. Automobile Liability Insurance with a combined single limit, or the equivalent, or not less than S 1,000,000.00 each accident for bodily injury and property damage, including coverage for owned, hired or non - owned vehicles that are used in the performance of this agreement; and D. Professional Liability Insurance with a combined single limit of not less than S 1,000,000.00 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this contract. The coverage must remain in effect for at least two (2) years after the contract is completed. There shall be no cancellation, material change, reduction of limits or intent not to rcnew the insurance coverage(s) without thirty (30) days written notice from the Consultant or its insurer(s) to the City. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, the thirty (30) day cancellation clause, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance. 11. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from any act or omission on the part of said party or its agents, employees or volunteers in the performance of this Agreement. 12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at anytime any of the provisions of this agreement or to require at anytime performance by the other party of any provision hereof shall in no way be construed to Agreement for Professional Services Page 3 of 5 be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 13. Assignment and Deleggation. Neither party shall assign, transfer or delegate any oral] of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining written approval of the City. 15. Confidentiality. Consultant may from time to time receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this Agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti - kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 20. Severability. if any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 21. Ausiness Registration Fee. Prior to commencement of work under this Agreement, Consultant agrees to comply with the City's business registration process. It is understood that Consultant has no place of business or taxable presence in the City, owns no property in the City, has no employees in the City, and that all Consultant services under this agreement will be performed from Consultant's location in :Boise, Idaho. 22. Exhibits. Exhibits attached and incorporated into this agreement are: Exhibit A, Research Proposal Agreement for Professional Services Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement this 'Ia r-d- day ofMay, 2005. CITY OF SPOKANE VALLEY: David Mercier, City Manager ATTEST: (Christine Bainbridge, City Clerif CONSULTANT: 'Q a/f' & c --n4.4 DAAl f- C MAY , ;4 V.P. Tax ID No._ REDACTED APPROVED AS TO FORM: , c ��r'YIi�Q.Cf/ Cary P. Drqskell, Depatytity Attorney This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Professional Services Page 5 of 5 DATE: ClearwaterMarketing, Product, and Public Opinion Research Since l 9 72 1845 S. Federal Way, .Boise, Idaho 83705 Research, Inc. (800) 727 -5016 / (208) 376 -3376 / F.k\: (208) 376 -2008 http: / /www.clearwater- reseai-ch.com Research Proposal December 6, 2004 CLIENT: Morgan Koudelka City of Spokane Valley PHONE: 509- 688 -0186 E -MAIL: mkoudelka @spokanevalley.org SENT FROM: Charles A. Dickinson, M.A. VOICE: 208- 376 -3376 x425 FAX: 208- 376 -2008 E -MAIL: cdickinson @clearwater- research.com PROJECT TITLE: Spokane Valley Cable Assessment INITIATION DATE: January 2005 COMPLETION DATE: March 2005 This proposal supersedes any prior proposal versions for the same project. 1 f SCOPE OF WORK The following proposal provides a general framework of activities necessary to gather, analyze, and report data relevant to resident perceptions and impressions of cable service in Spokane Valley. Clearwater Research, Inc., (Clearwater) understands the importance of collecting timely, relevant, and reliable information to facilitate decision - making. We are committed to answering the important research questions posed by our clients in an empirically honest and straightforward manner. METHODOLOGY Clearwater will conduct 400 interviews with non - institutionalized adults over the age of 18 who reside within the service area of cable provider (Comcast) in Spokane Valley. We will administer a survey that is an average of approximately six (6) minutes in length via telephone (non -cable subscribers will have a substantially shorter survey than cable subscribers, thus a combined average of six minutes). All interviews will be conducted using computer -aided telephone interviewing (CATI) software to manage and monitor calling, control distribution of sample, consolidate data, and track interviewer activity and productivity. Questionnaire Instrument Project cost estimates assume that Clearwater will only need to finalize and prepare the questionnaire for data collection. The Clearwater project team will conduct multiple reviews of the questionnaire for meaning, comprehensibility, flow, and context. The cost estimates assume that the average interview length will not exceed a combined average length of six minutes, and there will be no more than two brief open -ended questions. Project cost estimates also include offering the survey in English only. Sampling Clearwater Research will design a probability sample of the target population, non - institutionalized adults residing within Spokane Valley. One way is to target key zip codes (such as 99212, 99206, 99016, 99037, and 99216). We can also design a sampling scheme that will mirror the cable provider as closely as possible. No matter how the final geography is defined, we will use a 2 -stage cluster sampling method. At the first stage, a set of households was selected via the telephone numbers randomly selected from the working banks in the defined geographic area. At the second stage, one adult will be selected at random from the set of eligible adults living in the household using the "most recent birthday" method. After introducing the survey to the person who happened to answer the phone call, the interviewer will ask for the adult (18 years of age or older) in the household who had had the most recent birthday. This methodology is commonly used for obtaining probability samples for telephone survey projects. The overall sample size of 400 will provide 95% confidence intervals of +/- 4.9 %. 2 Data Collection Clearwater will collect the survey data using our 135 - station CATI system with highly trained telephone interviewers. The programmed questionnaire will lead interviewers question -by- question through the survey instrument. CATI allows interviewers to see and record responses to questions on a computer screen, leading to an easy, comfortable method of interviewing. The software manages the telephone calling, controls distribution of sample, consolidates data, and tracks interviewer activity and productivity. Interviewers are thoroughly briefed prior to data collection and rehearse the questionnaire before conducting actual interviews. For this project, we will enforce specific calling rules that ensure numbers will be called on a variety of days and times up to a maximum of 8 attempts. Upon client approval, respondents initially refusing to participate will be contacted one additional time to attempt to gain their participation. Reporting In the budget section below, I have provided two costs, one with reporting and one without reporting. If the reporting option is selected, Clearwater will create an electronic MS Word report with clear and concise tables and figures. This report will include an executive summary as well as detailed descriptions of the survey methods, sampling, data collection procedures, and research findings. Appropriate figures and tables will be used to illustrate the survey results. In appendices, we will provide a copy of the questionnaire and a listing of responses to any open -ended questions. We will deliver a draft copy of the report electronically via e-mail for review and comment. As final deliverables, Clearwater will provide an electronic MS Word copy of the report and a bound, color hardcopy of the report. Business references and staff qualifications available upon request. K SUMMARY OF PROCEDURES AND DELIVERABLES The project will involve the following tasks and deliverables: • Finalize and program the questionnaire for our CATI system • Review and test the questionnaire and programming • Conduct 400 interviews • Prepare data • Provide final report detailing survey results, if that option is selected COST ESTIMATES Description Study Design and Administration Questionnaire design, programming, sample preparation and loading. Daily administration of study, included client contacts, and monitoring. Data Collection Interviewer training, conducting 400 telephone interviews (assumes combined average 6- minute included interview with no more than two brief open -ended questions). Data Preparation Data cleaning, delivery of the data set. included Data Preparation, Statistical Analysis, Report Writing Data cleaning and analysis. Report writing. Delivery of included the data set and the draft and final written report. TOTAL COST WITH FULL REPORT $9,735.00 TOTAL COST WITH NO REPORT, DATA DELIVERY $8,500.00 ONLY Conditions of the Cost Estimates Clearwater attempts to estimate costs as closely as possible. However, there are many unforeseeable elements to research projects. If conditions vary substantially from those specified in this proposal, the Project Director will inform the client in writing within two business days. Together they will arrange for a solution, which may include adjustments to the study specifications, methodology, reporting, or budget. Terms Twenty -five percent of the total cost is required as an advance upon project approval. Payment is due within 30 days of the invoice date; 1.75% monthly interest (21 % APR) assessed for late payment. Timeline We are dedicated to working with our clients to meet their project timing needs. Although we cannot commit to a specific timeline until a project contract has been signed, we can meet the need to have final results before the end of March assuming we begin data collection at the beginning of February.